This case was last updated from PACER on 05/25/2016 at 06:57:58 (UTC).

Eaton Veterinary Pharmaceutical Incorporated v. Diamondback Drugs of Delaware LLC et al

Case Summary

On 06/02/2014 Eaton Veterinary Pharmaceutical Incorporated filed an Intellectual Property - Patent lawsuit against Diamondback Drugs of Delaware LLC. This case was filed in U.S. District Courts, Arizona District. The Judge overseeing this case is Judge H Russel Holland. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:14-CV-01208

  • Filing Date:

    06/02/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Arizona District

Judge Details

Judge

Judge H Russel Holland

 

Party Details

Plaintiff

Eaton Veterinary Pharmaceutical Incorporated

Defendants

Rory J Albert

Diamondback Drugs of Delaware LLC

Diamondback Drugs LLC

Michael R Blaire

Attorney/Law Firm Details

Plaintiff Attorneys

James J Kernell

Attorney at Erickson Kernell Derusseau & Kleypas LLC

8900 State Line Rd., Ste. 500

Leawood, KS 66206

Kyle D Donnelly

Attorney at Erickson Kernell Derusseau & Kleypas LLC

8900 State Line Rd., Ste. 500

Leawood, KS 66206

J Tyrrell Taber

Attorney at Aiken Schenk Hawkins & Ricciardi PC

2390 E Camelback Rd., Ste. 400

Phoenix, AZ 85016

Defendant Attorneys

Gregory Phillip Sitrick

Attorney at Quarles & Brady LLP - Phoenix, AZ

One Renaissance Square, 2 N Central Ave.

Phoenix, AZ 85004-2391

Isaac Scott Crum

Attorney at Quarles & Brady LLP - Phoenix, AZ

One Renaissance Square, 2 N Central Ave.

Phoenix, AZ 85004-2391

 

Court Documents

#1

(#1) COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-10518242 filed by Eaton Veterinary Pharmaceutical Incorporated.(submitted by J. Tyrrell Taber) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(KMG) (Entered: 06/02/2014)

#2

(#2) Filing fee paid, receipt number 0970-10518242. This case has been assigned to the Honorable H. Russel Holland. All future pleadings or documents should bear the correct case number: CV-14-01208-PHX-HRH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KMG) (Entered: 06/02/2014)

#3

(#3) NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Eaton Veterinary Pharmaceutical Incorporated. (KMG) (Entered: 06/02/2014)

#4

(#4) NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Eaton Veterinary Pharmaceutical Incorporated. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(b), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is necessary. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 06/02/2014)

#5

(#5) MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (KMG) (Entered: 06/02/2014)

#6

(#6) Corporate Disclosure Statement by Eaton Veterinary Pharmaceutical Incorporated identifying Corporate Parent Eaton Veterinary Pharmaceutical, Inc. for Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/02/2014)

#7

(#7) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

#8

(#8) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

#9

(#9) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

#48

(#48) ORDER granting 47 Joint Motion to Dismiss. This case is dismissed with prejudice; each party is to bear his own costs and attorney fees. Signed by Judge H Russel Holland on 3/9/2015. (ACL) (Entered: 03/09/2015)

#47

(#47) Joint MOTION to Dismiss Case by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 03/06/2015)

#46

(#46) ORDER FROM CHAMBERS granting 45 Motion to Stay All Deadlines. The parties will please present appropriate closing papers on or before March 6,2015. If for any reason closing papers cannot be filed by that date, plaintiff shall serve and file a brief status report updating the court as to the progress of completing this case. (LSP) (Entered: 02/09/2015)

#45

(#45) MOTION to Stay All Deadlines and Notice of Settlement by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 02/06/2015)

#44

(#44) REPLY to Response to Motion re: 40 MOTION to Dismiss for Failure to State a Claim filed by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Crum, Isaac) (Entered: 01/22/2015)

#43

(#43) ORDER FROM CHAMBERS granting 42 Stipulation: Defendants shall have until January 22, 2015, in which to serve and file their reply re 40 MOTION to Dismiss. (LSP) (Entered: 01/09/2015)

#42

(#42) STIPULATION To Extend Defendants' Time To File a Reply to Plaintiff's Opposition to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Crum, Isaac) (Entered: 01/08/2015)

#41

(#41) RESPONSE in Opposition re: 40 MOTION to Dismiss for Failure to State a Claim filed by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 01/02/2015)

#40

(#40) MOTION to Dismiss for Failure to State a Claim by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Crum, Isaac) (Entered: 12/19/2014)

36 More Documents Available

 

Docket Entries

  • 03/09/2015
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  • (#48) ORDER granting 47 Joint Motion to Dismiss. This case is dismissed with prejudice; each party is to bear his own costs and attorney fees. Signed by Judge H Russel Holland on 3/9/2015. (ACL) (Entered: 03/09/2015)

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  • 03/06/2015
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  • (#47) Joint MOTION to Dismiss Case by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 03/06/2015)

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  • 02/09/2015
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  • (#46) ORDER FROM CHAMBERS granting 45 Motion to Stay All Deadlines. The parties will please present appropriate closing papers on or before March 6,2015. If for any reason closing papers cannot be filed by that date, plaintiff shall serve and file a brief status report updating the court as to the progress of completing this case. (LSP) (Entered: 02/09/2015)

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  • 02/06/2015
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  • (#45) MOTION to Stay All Deadlines and Notice of Settlement by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 02/06/2015)

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  • 01/22/2015
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  • (#44) REPLY to Response to Motion re: 40 MOTION to Dismiss for Failure to State a Claim filed by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Crum, Isaac) (Entered: 01/22/2015)

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  • 01/09/2015
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  • (#43) ORDER FROM CHAMBERS granting 42 Stipulation: Defendants shall have until January 22, 2015, in which to serve and file their reply re 40 MOTION to Dismiss. (LSP) (Entered: 01/09/2015)

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  • 01/08/2015
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  • (#42) STIPULATION To Extend Defendants' Time To File a Reply to Plaintiff's Opposition to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Crum, Isaac) (Entered: 01/08/2015)

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  • 01/02/2015
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  • (#41) RESPONSE in Opposition re: 40 MOTION to Dismiss for Failure to State a Claim filed by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 01/02/2015)

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  • 12/19/2014
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  • (#40) MOTION to Dismiss for Failure to State a Claim by Rory J Albert, Michael R Blaire, Diamondback Drugs LLC, Diamondback Drugs of Delaware LLC. (Crum, Isaac) (Entered: 12/19/2014)

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  • 12/16/2014
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  • (#39) NOTICE of Filing - Copyright, Trademark or Patent Information filed by Eaton Veterinary Pharmaceutical Incorporated. (Kernell, James) (Entered: 12/16/2014)

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28 More Docket Entries
  • 06/03/2014
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  • (#10) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

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  • 06/03/2014
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  • (#9) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

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  • 06/03/2014
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  • (#8) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

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  • 06/03/2014
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  • (#7) SUMMONS Submitted by Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/03/2014)

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  • 06/02/2014
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  • (#6) Corporate Disclosure Statement by Eaton Veterinary Pharmaceutical Incorporated identifying Corporate Parent Eaton Veterinary Pharmaceutical, Inc. for Eaton Veterinary Pharmaceutical Incorporated. (Taber, J) (Entered: 06/02/2014)

    Read MoreRead Less
  • 06/02/2014
  • View Court Documents
  • (#5) MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (KMG) (Entered: 06/02/2014)

    Read MoreRead Less
  • 06/02/2014
  • View Court Documents
  • (#4) NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Eaton Veterinary Pharmaceutical Incorporated. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(b), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is necessary. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 06/02/2014)

    Read MoreRead Less
  • 06/02/2014
  • View Court Documents
  • (#3) NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Eaton Veterinary Pharmaceutical Incorporated. (KMG) (Entered: 06/02/2014)

    Read MoreRead Less
  • 06/02/2014
  • View Court Documents
  • (#2) Filing fee paid, receipt number 0970-10518242. This case has been assigned to the Honorable H. Russel Holland. All future pleadings or documents should bear the correct case number: CV-14-01208-PHX-HRH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KMG) (Entered: 06/02/2014)

    Read MoreRead Less
  • 06/02/2014
  • View Court Documents
  • (#1) COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-10518242 filed by Eaton Veterinary Pharmaceutical Incorporated.(submitted by J. Tyrrell Taber) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(KMG) (Entered: 06/02/2014)

    Read MoreRead Less

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