1:21-cv-00712 - Epitopix LLC Doing Business AS Vaxxinova US v. Elanco Animal Health Inc

Detail

Case Number

1:21-cv-00712

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

N/A

Court

Indiana Southern District Court

Plaintiff(s)

Epitopix LLC Doing Business AS Vaxxinova US

Operating Company

Defendant(s)

Elanco Animal Health Inc

Judge

Sarah Evans Barker

Filing Date

2021-03-24

Termination Date

2022-01-31

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Dockets
Text
CIVIL DOCKET
Final Civil Docket 01-31-2022
COMPLAINT against All Plaintiffs, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6472957) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit EX A US PATENT 8282941, # 4 Exhibit EX B US PATENT 7943150, # 5 Exhibit EX C US PATENT 7943151)(Warr, Alastair) (Entered: 03/24/2021)
MOTION for Attorney(s) Christopher R. Kincade to Appear pro hac vice (Filing fee $100, receipt number 0756-6482621), filed by Plaintiff EPITOPIX, LLC. (Attachments: # 1 Exhibit Ex. A Kincade Certifiication, # 2 Text of Proposed Order proposed order)(Warr, Alastair) (Entered: 03/29/2021)
NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Compliant) (CKM) (Entered: 04/07/2021)
MOTION for Attorney(s) Andrew K. Gonsalves to Appear pro hac vice (Filing fee $100, receipt number 0756-6539010), filed by Plaintiff EPITOPIX, LLC. (Attachments: # 1 Exhibit A Gonsalves Certification, # 2 Text of Proposed Order )(Warr, Alastair) Modified on 5/3/2021 (CKM). (Entered: 04/30/2021)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Attachments: # 1 memorandum in support of motion to dismiss, # 2 proposed order)(Phipps, Sean) (Entered: 05/21/2021)
Unopposed MOTION for Extension of Time to December 31, 2021 to serve invalidity contentions, filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Attachments: # 1 Text of Proposed Order)(Phipps, Sean) (Entered: 12/22/2021)
STIPULATION of Dismissal , as to Plaintiff EPITOPIX, LLC, filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Warr, Alastair) (Entered: 01/28/2022)
Corporate Disclosure Statement by EPITOPIX, LLC D/B/A VAXXINOVAUSA identifying Corporate Parent VAXXINOVA INTERNATIONAL BV for EPITOPIX, LLC D/B/A VAXXINOVAUSA.. (Warr, Alastair) (Entered: 03/24/2021)
NOTICE of Appearance by Alastair J. Warr on behalf of Plaintiff EPITOPIX, LLC D/B/A VAXXINOVAUSA. (Warr, Alastair) (Entered: 03/24/2021)
NOTICE OF REPORT OF FILING PATENT ACTION, filed by Plaintiff EPITOPIX, LLC D/B/A VAXXINOVAUSA (Warr, Alastair) (Entered: 03/24/2021)
Summons Issued as to ELANCO ANIMAL HEALTH, INC. (REO) (Entered: 03/25/2021)
MAGISTRATE JUDGE`s NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 03/25/2021)
ORDER granting 7 Motion to Appear pro hac vice. Attorney Christopher R. Kinkade for EPITOPIX, LLC added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 3/31/2021. (JRB) (Entered: 03/31/2021)
NOTICE of Parties` First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Plaintiff EPITOPIX, LLC. (Warr, Alastair) (Entered: 04/09/2021)
NOTICE of Appearance by Sean Michael Phipps on behalf of Defendant ELANCO ANIMAL HEALTH, INC.. (Phipps, Sean) (Entered: 04/12/2021)
NOTICE of Appearance by Joshua P. Larsen on behalf of Defendant ELANCO ANIMAL HEALTH, INC.. (Larsen, Joshua) (Entered: 04/12/2021)
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 6/10/2021 at 10:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 4/20/2021.(JRB) (Entered: 04/20/2021)
ORDER granting 14 Motion to Appear pro hac vice. Attorney Andrew K. Gonsalves for EPITOPIX, LLC added. The Court FURTHER ORDERS that Andrew K. Gonsalves register as a user of the court`s electronic case filing system by May 17, 2021. Failure to register could result in the revocation of his admission pro hac vice. Copy to Counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 5/3/2021. (AAS) (Entered: 05/03/2021)
NOTICE of Appearance by Paul B. Hunt on behalf of Defendant ELANCO ANIMAL HEALTH, INC.. (Hunt, Paul) (Entered: 05/20/2021)
BRIEF/MEMORANDUM in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Phipps, Sean) (Entered: 05/24/2021)
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff EPITOPIX, LLC . (Warr, Alastair) (Entered: 06/02/2021)
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Initial Pretrial Conference held on 6/10/2021. Settlement Conference set for 10/7/2021 at 09:00 AM (Eastern Time) in room #316, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 9/1/2021 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 6/10/2021.(TMB) (Entered: 06/10/2021)
RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff EPITOPIX, LLC. (Warr, Alastair) (Entered: 06/11/2021)
SCHEDULING ORDER - Jury Trial set for 7/24/2023 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Pretrial Conference set for 7/11/2023 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 6/15/2021. (CKM) (Entered: 06/16/2021)
REPLY in Support of Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Larsen, Joshua) (Entered: 06/18/2021)
MOTION REQUESTING ORAL ARGUMENT ON RULE 12(b)(6) MOTION TO DISMISS ECF No. 17 , filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Larsen, Joshua) Modified on 6/21/2021 (CKM). (Entered: 06/18/2021)
STIPULATION - STIPULATED PROTECTIVE ORDER, filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Larsen, Joshua) Modified on 6/22/2021 (TMB). (Entered: 06/21/2021)
Corporate Disclosure Statement by ELANCO ANIMAL HEALTH, INC.. (Larsen, Joshua) (Entered: 06/22/2021)
STIPULATED PROTECTIVE ORDER - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 6/22/2021.(JRB) (Entered: 06/22/2021)
NOTICE of Parties First Extension of Time pursuant to local rule 6-1, filed by Defendant ELANCO ANIMAL HEALTH, INC. (Phipps, Sean) Modified on 7/7/2021 (CKM). (Entered: 07/06/2021)
Submission Notice of Supplemental Authority, filed by Plaintiff EPITOPIX, LLC. (Warr, Alastair) (Entered: 07/19/2021)
RESPONSE to Epitopix LLC`s Notice of Supplemental Authority, re 30 Submission, filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Phipps, Sean) (Entered: 07/22/2021)
Preliminary Witness List and Exhibits List, filed by Plaintiff EPITOPIX, LLC. (Warr, Alastair) Modified on 8/10/2021 (CKM). (Entered: 08/09/2021)
Witness List (preliminary), filed by Defendant ELANCO ANIMAL HEALTH, INC., Exhibit List (preliminary), filed by Defendant ELANCO ANIMAL HEALTH, INC.. (Phipps, Sean) (Entered: 08/16/2021)
SCHEDULING ORDER: SETTLEMENT CONFERENCE set for October 7, 2021, is hereby RESCHEDULED for OCTOBER 5, 2021 at 1:00 p.m., Indianapolis time (EDT), before the Magistrate Judge in Room 316, Federal Building/U.S. Courthouse, Indianapolis, Indiana. Signed by Magistrate Judge Matthew P. Brookman on 8/25/2021.(JRB) (Entered: 08/25/2021)
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 9/1/2021. Parties were represented by counsel. No further order is entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 09/01/2021)
SCHEDULING ORDER: SETTLEMENT CONFERENCE set for October 5, 2021 at 1:00 p.m. (EDT), is hereby RESCHEDULED for OCTOBER 5, 2021 at 9:00 a.m., Indianapolis time (EDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge in Room 316, Federal Building/U.S. Courthouse, Indianapolis, Indiana. Please note that this is a time change ONLY. Signed by Magistrate Judge Matthew P. Brookman on 9/29/2021.(JRB) (Entered: 09/29/2021)
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 10/5/2021. The parties were present and represented by counsel. The parties conducted settlement negotiations, but they were unable to reach an agreement. Status Conference set for 1/26/2021 at 10:30 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/06/2021)
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE on NOVEMBER 30, 2021 at 10:30 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 11/17/2021.(JRB) (Entered: 11/17/2021)
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 11/30/2021. The Telephonic Status Conference set for 1/26/2022 is VACATED. Virtual Settlement Conference set for 1/31/2022 at 10:00 AM (Eastern Time) via Zoom before Magistrate Judge Matthew P. Brookman. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman. (LES) (Entered: 11/30/2021)
NOTICE of Extension of Time to Serve Invalidity Contentions, filed by Plaintiff EPITOPIX, LLC (Warr, Alastair) (Entered: 12/16/2021)
ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within forty-five days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Matthew P. Brookman on 12/27/2021.(AAS) (Entered: 12/27/2021)
ORDER OF DISMISSAL - This cause comes before the Court on the Joint Stipulation of Dismissal filed by Epitopix, LLC d/b/a Vaxxinova US ("Vaxxinova") and Elanco Animal Health, Inc. ("Elanco")pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). IT IS ORDERED that this cause is hereby dismissed with prejudice, with each party to bear its own costs and attorneys` fees. Signed by Judge Sarah Evans Barker on 1/31/2022. (CKM) (Entered: 01/31/2022)
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