1:21-CV-01594
11/10/2021
Pending - Other Pending
Intellectual Property - Patent
Maryellen Noreika
Jazz Pharmaceuticals, Inc.
Jazz Pharmaceuticals Ireland Limited
Avadel Pharmaceuticals PLC
Avadel US Holdings, Inc.
Avadel Specialty Pharmaceuticals, LLC
Avadel Legacy Pharmaceuticals, LLC
Avadel Management Corporation
Avadel CNS Pharmaceuticals LLC
Jack B. Blumenfeld
Attorney at Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
Jeremy A. Tigan
Attorney at Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, P.O. Box 1347
Wilmington, DE 19899
Alexandra M. Joyce
Attorney at McCarter & English, LLP
405 N. King Street, 8Th Floor
Wilmington, DE 19801
Daniel M. Silver
Attorney at McCarter & English, LLP
405 N. King Street, 8Th Floor
Wilmington, DE 19801
Daralyn J. Durie
Katherine E. McNutt
Kira A. Davis
Yi Ning
(#25) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Avadel CNS Pharmaceuticals LLC. (Silver, Daniel) (Entered: 01/07/2022)
(#23) MOTION for Pro Hac Vice Appearance of Attorney Yi Ning - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) (Entered: 01/06/2022)
(#21) SO ORDERED re (20 in 1:21-cv-01594-MN, 33 in 1:21-cv-01138-MN, 75 in 1:21-cv-00691-MN) Stipulation and Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Captions. Party Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, Inc. terminated. Attorney Daralyn J. Durie; Alex M. Grabowski; Alexandra M. Joyce; Katherine E. McNutt; Sarah Propst; Evangeline Shih; Daniel M. Silver; Sarah W. Wang; Herman H. Yue; Marc N. Zubick; Bornali R. Borah and Kira A. Davis terminated as to these defendants only. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw) (Entered: 01/04/2022)
(#20) STIPULATION and [Proposed] Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Caption by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) (Entered: 01/04/2022)
(#19) SO ORDERED re (30 in 1:21-cv-01138-MN, 17 in 1:21-cv-01594-MN, 73 in 1:21-cv-00691-MN) Stipulation and Order Regarding the Protective Order. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw) (Entered: 01/04/2022)
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(#8) NOTICE of Appearance by Daniel M. Silver on behalf of Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc. (Silver, Daniel) (Entered: 12/06/2021)
(#7) STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed schedule consistent with the Court's November 29, 2021 Oral Order to December 10, 2021 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) (Entered: 12/06/2021)
(#5) Summons Issued with Magistrate Consent Notice attached as to Avadel CNS Pharmaceuticals LLC on 11/12/2021; Avadel Legacy Pharmaceuticals, LLC on 11/12/2021; Avadel Management Corporation on 11/12/2021; Avadel Pharmaceuticals PLC on 11/12/2021; Avadel Specialty Pharmaceuticals, LLC on 11/12/2021; Avadel US Holdings, Inc. on 11/12/2021. (nmg) (Entered: 11/12/2021)
Docket(#25) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Avadel CNS Pharmaceuticals LLC. (Silver, Daniel) (Entered: 01/07/2022)
Docket(#24) [SEALED] ANSWER to #1 Complaint for Patent Infringment, Defenses and, COUNTERCLAIM against Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc. by Avadel CNS Pharmaceuticals LLC. (Attachments: #1 Certificate of Service)(Silver, Daniel) Modified on 1/7/2022 (dlw). (Entered: 01/07/2022)
DocketPro Hac Vice Attorney Yi Ning for Avadel CNS Pharmaceuticals LLC 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: 1:21-cv-00691-MN, 1:21-cv-01138-MN, 1:21-cv-01594-MN)(srs) (Entered: 01/07/2022)
DocketSO ORDERED re (77 in 1:21-cv-00691-MN, 23 in 1:21-cv-01594-MN, 36 in 1:21-cv-01138-MN) MOTION for Pro Hac Vice Appearance of Attorney Yi Ning filed by Avadel CNS Pharmaceuticals, LLC, Avadel CNS Pharmaceuticals LLC. ORDERED by Judge Maryellen Noreika on 1/7/2022. (dlw) (Entered: 01/07/2022)
Docket(#23) MOTION for Pro Hac Vice Appearance of Attorney Yi Ning - filed by Avadel CNS Pharmaceuticals LLC, Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) (Entered: 01/06/2022)
Docket(#22) ORAL ORDER: If, during the pendency of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Hall, they should contact chambers by e-mail at Cailah_Garfinkel@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Hall regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. In addition, Judge Hall may in the future enter a sua sponte order setting an ADR teleconference. ORDERED by Judge Jennifer L. Hall on 1/5/2022. (ceg) (Entered: 01/05/2022)
Docket(#21) SO ORDERED re (20 in 1:21-cv-01594-MN, 33 in 1:21-cv-01138-MN, 75 in 1:21-cv-00691-MN) Stipulation and Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Captions. Party Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, Inc. terminated. Attorney Daralyn J. Durie; Alex M. Grabowski; Alexandra M. Joyce; Katherine E. McNutt; Sarah Propst; Evangeline Shih; Daniel M. Silver; Sarah W. Wang; Herman H. Yue; Marc N. Zubick; Bornali R. Borah and Kira A. Davis terminated as to these defendants only. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw) (Entered: 01/04/2022)
Docket(#20) STIPULATION and [Proposed] Order of Dismissal of Complaint as to Certain Defendants and to Amend Case Caption by Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc., Avadel CNS Pharmaceuticals, LLC. (Joyce, Alexandra) (Entered: 01/04/2022)
DocketCASE REFERRED to Magistrate Judge Jennifer L. Hall for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) (Entered: 01/04/2022)
Docket(#19) SO ORDERED re (30 in 1:21-cv-01138-MN, 17 in 1:21-cv-01594-MN, 73 in 1:21-cv-00691-MN) Stipulation and Order Regarding the Protective Order. Signed by Judge Maryellen Noreika on 1/4/2022. (dlw) (Entered: 01/04/2022)
Docket(#8) NOTICE of Appearance by Daniel M. Silver on behalf of Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, Avadel US Holdings, Inc. (Silver, Daniel) (Entered: 12/06/2021)
DocketSO ORDERED re (23 in 1:21-cv-01138-MN, 7 in 1:21-cv-01594-MN, 66 in 1:21-cv-00691-MN) STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed schedule consistent with the Court's November 29, 2021 Oral Order to December 10, 2021. ORDERED by Judge Maryellen Noreika on 12/6/2021. (dlw) (Entered: 12/06/2021)
Docket(#7) STIPULATION TO EXTEND TIME for the parties to meet and confer and submit a revised proposed schedule consistent with the Court's November 29, 2021 Oral Order to December 10, 2021 - filed by Jazz Pharmaceuticals Ireland Limited, Jazz Pharmaceuticals, Inc.. (Tigan, Jeremy) (Entered: 12/06/2021)
Docket(#6) ORAL ORDER re (60 in 1:21-cv-00691-MN, 19 in 1:21-cv-01138-MN) Letter - IT IS HEREBY ORDERED that these three actions (21-691, 21-1138, & 21-1594) will proceed on the same schedule with the pretrial conference and trial dates of October 23, 2023 and October 30, 2023 remaining in place. IT IS FURTHER ORDERED that the parties shall serve their final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) at least three weeks before Plaintiff serves its opening claim construction brief. The parties are encouraged to exchange proposed claim terms and proposed constructions early in the case and certainly prior to the deadline for final contentions. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. IT IS FINALLY ORDERED that, on or before 12/6/2021, the parties shall meet and confer and submit a revised proposed schedule consistent with this guidance. ORDERED by Judge Maryellen Noreika on 11/29/2021. (dlw) (Entered: 11/29/2021)
DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nms) (Entered: 11/17/2021)
Docket(#5) Summons Issued with Magistrate Consent Notice attached as to Avadel CNS Pharmaceuticals LLC on 11/12/2021; Avadel Legacy Pharmaceuticals, LLC on 11/12/2021; Avadel Management Corporation on 11/12/2021; Avadel Pharmaceuticals PLC on 11/12/2021; Avadel Specialty Pharmaceuticals, LLC on 11/12/2021; Avadel US Holdings, Inc. on 11/12/2021. (nmg) (Entered: 11/12/2021)
Docket(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Jazz Pharmaceuticals plc for Jazz Pharmaceuticals Ireland Limited and Jazz Pharmaceuticals, Inc. filed by Jazz Pharmaceuticals Ireland Limited and Jazz Pharmaceuticals, Inc. (nmg) (Entered: 11/12/2021)
Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,147,782 B1. (nmg) (Entered: 11/12/2021)
Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 11/12/2021)
Docket(#1) COMPLAINT for PATENT INFRINGEMENT filed against Avadel CNS Pharmaceuticals LLC, Avadel Legacy Pharmaceuticals, LLC, Avadel Management Corporation, Avadel Pharmaceuticals PLC, Avadel Specialty Pharmaceuticals, LLC, and Avadel US Holdings, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3740825.) - filed by Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(nmg) (Entered: 11/12/2021)
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