1:15-cv-00109 - Salix Pharmaceuticals Inc et al. v. Mylan Inc et al.

Detail

Case Number

1:15-cv-00109

Current Status

closed

Cause of Action

Infringement

Related Case(s)

2017-2636

2018-1320

Court

West Virginia Northern District Court

Plaintiff(s)

Salix Pharmaceuticals Inc

Dr Falk Pharma GMBH

Operating Company

Defendant(s)

Mylan Inc

Mylan Pharmaceuticals Inc

Judge

Irene M. Keeley

Filing Date

2015-06-26

Termination Date

2017-09-12

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
PAPERLESS ORDER: For reasons appearing to the Court, the continued bench trial scheduled for 5/31/2017, and 6/1/2017, is CANCELED. Signed by District Judge Irene M. Keeley on 5/30/2017. (dk) (Entered: 05/30/2017)
COMPLAINT for Patent Infringement against Mylan Pharmaceuticals, Inc., Mylan, Inc., filed by Salix Pharmaceuticals, Inc, Dr. Falk Pharma GmbH. (Attachments: # 1 Exhibit A - US Patent, # 2 Exhibit B - US Patent, # 3 Exhibit C - US Patent, # 4 Exhibit D - US Patent, # 5 Supplemental Information, # 6 Civil Cover Sheet)(cnd) (Entered: 06/26/2015)
MOTION for Leave to Appear Pro Hac Vice of Daniel Marcus Attaway by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 07/09/2015)
MOTION for Leave to Appear Pro Hac Vice of Dana K. Severance by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 07/09/2015)
MOTION for Leave to Appear Pro Hac Vice of Tryn T. Stimart by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 07/09/2015)
MOTION for Leave to Appear Pro Hac Vice of Kristen Healey Cramer by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 07/09/2015)
MOTION for Leave to Appear Pro Hac Vice of Mary W. Bourke by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 07/09/2015)
ANSWER to 1 Complaint, , COUNTERCLAIM against Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc by Mylan, Inc., Mylan Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(OBrien, William) (Entered: 07/13/2015)
MOTION for Leave to Appear Pro Hac Vice (George J. Barry III) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 07/21/2015)
MOTION for Leave to Appear Pro Hac Vice (Micheal L. Binns) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 07/21/2015)
MOTION for Leave to Appear Pro Hac Vice (Jessica M. Hauth) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 07/21/2015)
MOTION for Leave to Appear Pro Hac Vice (Timothy H. Kratz) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 07/21/2015)
MOTION for Leave to Appear Pro Hac Vice (Anil H. Patel) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 07/21/2015)
AMENDED ANSWER to 1 Complaint, , Amended COUNTERCLAIM against Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Copland, Gordon) (Entered: 08/03/2015)
MOTION for Leave to Appear Pro Hac Vice (Cedric C.Y. Tan) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Entered: 08/12/2015)
MOTION for Leave to Appear Pro Hac Vice (Christine I. Nam) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Text of Proposed Order)(OBrien, William) (Attachment 2 replaced, modified docket text on 8/21/2015 - Filed in wrong case) (cnd). (Entered: 08/21/2015)
MOTION to Withdraw (Jessica M. Hauth) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 10/15/2015)
Proposed Stipulated Protective Order by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A - Declaration of Acknowledgement and Agreement to be Bound by Protective Order, # 2 Exhibit B - Declaration of Acknowledgement and Agreement to be Bound by Protective Order)(Companion, James) (Entered: 10/23/2015)
MOTION for Leave to Appear Pro Hac Vice (Robert L. Florence) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 01/14/2016)
MOTION for Leave to Appear Pro Hac Vice (Melanie Black Dubis) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 01/14/2016)
MOTION to Withdraw (Patel, Tan, Nam, Barry, and Kratz) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 01/14/2016)
Defendants Opening Claim Construction Brief Other Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Attachment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T)(OBrien, William) (Entered: 01/14/2016)
Plaintiffs Opening Brief on Claim Construction Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Companion, James) (Entered: 01/14/2016)
Declaration of Tryn T. Stimart, Esquire, in Support of Plaintiffs Opening Brief on Claim Construction Other Document re 75 Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (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)(Companion, James) (Entered: 01/14/2016)
Declaration of Alan Victor Safdi, M.D., F.A.C.G. Other Document re 75 Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Exhibit 1)(Companion, James) (Entered: 01/14/2016)
MOTION for Leave to Appear Pro Hac Vice (Karen L. Carroll) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 01/27/2016)
Other Document re 99 Response Declaration of Tryn T. Stimart, Esquire in Support of Plaintiffs Responsive Brief on Claim Construction filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Companion, James) (Entered: 02/12/2016)
MOTION To Permit Local Counsel to Attend Depositions by Telephone and Proposed Order Regarding Same by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 03/02/2016)
Joint MOTION Modifying Scheduling Order by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 04/18/2016)
MOTION Joint Motion to Amend Dispostive Motion Schedule by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 10/05/2016)
MOTION to Withdraw as Attorney re Tryn T. Stimart by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 11/28/2016)
MOTION for Leave to Appear Pro Hac Vice of John Cox by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 02/09/2017)
MOTION for Leave to Appear Pro Hac Vice for Catherine Lawson by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 02/09/2017)
MOTION for Leave to Appear Pro Hac Vice of Christopher Thomas by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 02/09/2017)
Expert Witness Biographical Sketches Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Companion, James) (Entered: 02/17/2017)
Defendants Expert Biographical Sketches Other Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Exhibit A - Dr. Auslanders CV, # 2 Exhibit B - Dr. Korelitzs CV, # 3 Exhibit C - Dr. Neaus CV)(OBrien, William) (Entered: 02/17/2017)
Joint MOTION TO PERMIT ENTRY TO THE COURTHOUSE WITH ELECTRONIC EQUIPMENT by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 03/06/2017)
TRANSCRIPT of Proceedings held on March 7, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman; Jennifer Kirkbride, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 3/29/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/6/2017. (llb) (Main Document 187 replaced on 4/11/2017) (jss). (Additional attachment(s) added on 4/11/2017: # 1 Errata Sheet for Trial Day 1, March 7, 2017) (jss). (Entered: 03/08/2017)
TRANSCRIPT of Proceedings held on March 8, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman; Jennifer Kirkbride, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (llb) (Main Document 190 replaced on 4/11/2017) (jss). (Additional attachment(s) added on 4/11/2017: # 1 Errata Sheet for Trial Day 2, March 8, 2017) (jss). (Entered: 03/09/2017)
TRANSCRIPT of Proceedings held on March 9, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman; Jennifer Kirkbride, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (llb) (Main Document 193 replaced on 4/11/2017) (jss). (Additional attachment(s) added on 4/11/2017: # 1 Errata Sheet for Trial Day 3, March 9, 2017) (jss). (Entered: 03/09/2017)
MOTION For Leave to Expand Page Limit (Unopposed) by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 04/03/2017)
MOTION Enlargement of Page Limit for initial brief by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(Copland, Gordon) (Entered: 04/03/2017)
MOTION for Leave to Appear Pro Hac Vice (Joseph M. Janusz, Esq.) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 04/12/2017)
MOTION for Leave to Appear Pro Hac Vice (Deepro Mukerjee, Esq.) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 04/12/2017)
MOTION for Leave to Appear Pro Hac Vice (Lance Soderstrom, Esq.) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 04/12/2017)
MOTION for Leave to Appear Pro Hac Vice (James C. Grant, Esq.) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Attachments: # 1 Text of Proposed Order)(OBrien, William) (Entered: 04/12/2017)
Joint MOTION Regarding Expert Discovery by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 04/13/2017)
STIPULATION (Joint) by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 05/04/2017)
MOTION to Expand Page Limit (Unopposed) by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 05/09/2017)
Plaintiffs Answering Post-Trial Brief Regarding Infringement of U.S. Patent No. 8,865,688 Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A)(Companion, James) (Entered: 05/10/2017)
NOTICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. of Final PTAB Written Decision (Attachments: # 1 Attachment Final Decision of PTAB)(Copland, Gordon) (Entered: 05/19/2017)
MOTION to Withdraw as counsel by Yolonda G. Lambert by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Attachments: # 1 Text of Proposed Order)(Companion, James) (Entered: 06/06/2017)
NOTICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. re 238 Stipulation -filing of proposed order implementing stipulation (Attachments: # 1 Text of Proposed Order (proposed order by Mylan))(Copland, Gordon) (Entered: 06/22/2017)
Filing fee: $ 400.00, receipt number WVNW001184. (cnd) (Entered: 06/26/2015)
REPORT to USPTO on the filing or determination of an action regarding re 1 Complaint. (cnd) (Entered: 06/26/2015)
Corporate Disclosure Statement by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc identifying Corporate Parent Salix Pharmaceuticals, Ltd., Corporate Parent Valeant Pharmaceuticals International, Corporate Parent Valeant Pharmaceuticals International, Inc. for Salix Pharmaceuticals, Inc.. (cnd) (Entered: 06/26/2015)
VERIFICATION OF ATTORNEY ADMISSION as to Dana Severance, Daniel Attaway, Kristen Cramer, Mary Bourke, and Tryn Stimart re 1 Complaint. (cnd) (Entered: 07/01/2015)
SUMMONS Returned Executed as to Mylan Pharmaceuticals, Inc. - Secretary of service accepted service on 7/2/2015. (jss) (Entered: 07/09/2015)
SUMMONS Returned Executed as to Mylan, Inc. - Secretary of State accepted service on 7/2/2015. (jss) (Entered: 07/09/2015)
Pro Hac Vice Filing fee: $ 1,000.00, receipt number WVNW001197, for Attorneys Daniel Marcus Attaway, Dana K. Severance, Tryn T. Stimart, Kristen Healey Cramer and Mary W. Bourke. (jmm) (Entered: 07/09/2015)
ORDER granting Kristin Cramers 10 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/9/15. (jss) (Entered: 07/09/2015)
ORDER granting Tryn Stimarts 9 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/9/15. (jss) (Entered: 07/09/2015)
ORDER granting Dana Severances 8 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/9/15. (jss) (Entered: 07/09/2015)
ORDER granting Daniel Attaways 7 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/9/15. (jss) (Entered: 07/09/2015)
ORDER granting Mary Bourkes 11 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/9/15. (jss) (Entered: 07/09/2015)
NOTICE /Verification of Attorney Admission. (jss) (Main Document 21 replaced on 7/13/2015) (jss). Modified on 7/13/2015 replaced form and regenerated NEF (jss). (Entered: 07/13/2015)
Corporate Disclosure Statement by Mylan Pharmaceuticals, Inc., Mylan, Inc. identifying Corporate Parent Abbott Laboratories, Corporate Parent Mylan N.V. for Mylan Pharmaceuticals, Inc., Mylan Pharmaceuticals, Inc., Mylan, Inc., Mylan, Inc... (OBrien, William) (Entered: 07/14/2015)
PHV fee for Timothy Kratz, George Barry, III, Jessica Hauth, Anil Patel, and Michael Binns: $ 1000.00, receipt number WVNC001373. (cnd) (Entered: 07/22/2015)
ORDER granting George J. Barry IIIs 23 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/23/15. (jss) (Entered: 07/23/2015)
ORDER granting Michael L. Binns 24 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/23/15. (jss) (Entered: 07/23/2015)
ORDER granting Jessica M. Hauths 25 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/23/15. (jss) (Entered: 07/23/2015)
ORDER granting Timothy H. Kratzs 26 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 7/23/15. (jss) (Entered: 07/23/2015)
ORDER granting Anil Patels 27 Motion for Leave to Appear Pro Hac Vice. Signed by District Judge Irene M. Keeley on 7/23/15. (cnd) (Entered: 07/23/2015)
REPLY by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc to 20 Answer to Complaint, Counterclaim,,. (Companion, James) (Entered: 08/03/2015)
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Courts Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 8/26/2015. Rule 26 Meeting Report due by 9/9/2015. Scheduling Conference set for 9/23/2015 01:30 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Discovery due by 9/28/2015. Signed by District Judge Irene M. Keeley on 8/10/15. (cnd) (Entered: 08/10/2015)
PHV Filing fee: C. Tan, $ 200.00, receipt number WVNC001391 (mh) (Entered: 08/13/2015)
ORDER: It is ORDERED that C. Y. Tans 37 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Signed by District Judge Irene M. Keeley on 8/13/15. (cnd) (Entered: 08/13/2015)
REPLY by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc to 35 Amended Answer to Complaint,, Counterclaim,. (Companion, James) (Entered: 08/18/2015)
Pro Hac Vice fee for Christine Nam: $ 200.00, receipt number WVNC001399. (cnd) (Entered: 08/21/2015)
Proposed Order re 41 MOTION for Leave to Appear Pro Hac Vice (Christine I. Nam) by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (OBrien, William) (Entered: 08/21/2015)
ORDER: It is ORDERED that Christine Nams 41 Motion for Leave to Appear Pro Hac Vice is hereby GRANTED. Attorney Christine Nam is added for Mylan Pharmaceuticals, Inc. and Mylan, Inc. Signed by District Judge Irene M. Keeley on 8/24/15. (cnd) (Entered: 08/24/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. (First Interrogatories to Plaintiffs). (OBrien, William) (Entered: 08/25/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. (Request for Production of Documents and Things to Plaintiffs). (OBrien, William) (Entered: 08/25/2015)
REPORT of Rule 26(f) Planning Meeting. (Copland, Gordon) (Entered: 09/09/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs First Set of Interrogatories to Mylan Pharmaceuticals, Inc. and Mylan, Inc. (Nos. 1-7) (Companion, James) (Entered: 09/15/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs First Set of Requests to Mylan Pharmaceuticals, Inc. and Mylan, Inc. For the Production of Documents and Things (Nos. 1-63) (Companion, James) (Entered: 09/15/2015)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley: Scheduling Conference held on 9/23/2015. (Court Reporter L Bachman.) (mh) (Entered: 09/23/2015)
SCHEDULING ORDER: Discovery due by 4/1/2016. Dispositive Motions due by 10/7/2016. Proposed Pretrial Order/Memoranda due by 2/15/2017. Claim Construction hearing set for 3/9/2016 at 10:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley Final Pretrial Conference and Settlement Conference set for 2/24/2017 at 10:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Bench Trial set for 3/6/2017at 09:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 9/28/15. (jss) Modified on 9/30/2015 - added Claim Construction Hearing (jss). (Entered: 09/28/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Objections and Responses to Defendants First Interrogatories to Plaintiffs (Companion, James) (Entered: 09/28/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Objections and Responses to Defendants Request for Production of Documents and Things to Plaintiffs (Companion, James) (Entered: 09/28/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Rule 26(a)(1)(A) Disclosures (Companion, James) (Entered: 09/30/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Initial Disclosures. (OBrien, William) (Entered: 09/30/2015)
ORDER: It is ORDERED that Defendants 56 Motion for Leave to Withdraw as Counsel is hereby GRANTED. Attorney Jessica M. Hauth terminated. Signed by District Judge Irene M. Keeley on 10/15/15. (cnd) (Entered: 10/15/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Responses and Objections to Plaintiffs First Set of Interrogatories to Mylan Pharmaceuticals Inc. and Mylan Inc. (Nos. 107). (OBrien, William) (Entered: 10/19/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Responses and Objections to Plaintiffs First Set of Requests to Mylan Pharmaceuticals Inc. and Mylan Inc. for the Production of Documents and Things (Nos. 1-63). (OBrien, William) (Entered: 10/19/2015)
STIPULATION on Discovery of Documents (Joint) by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 10/23/2015)
STIPULATED PROTECTIVE ORDER. Signed by District Judge Irene M. Keeley on 10/23/15. (jss) (Entered: 10/23/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Mylans Proposed Claim Terms for Construction. (Copland, Gordon) (Entered: 12/03/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re asserted claims pursuant to Paragraph 4 of Scheduling Order (Companion, James) (Entered: 12/04/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re claim terms pursuant to Paragraph 6 of Scheduling Order (Companion, James) (Entered: 12/04/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. regarding Mylans proposed claim terms and claim construction. (Copland, Gordon) (Entered: 12/17/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Proposed Claim Constructions and Preliminary Identification of Intrinsic and Extrinsic Evidence (Companion, James) (Entered: 12/18/2015)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. of Defendants amended Proposed List of Identified Claim Terms and Proposed Construction. (OBrien, William) (Entered: 12/18/2015)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Notice of Deposition of Defendants Mylan Pharmaceuticals, Inc. and Mylan, Inc. Pursuant to Rule 30(b)(6) (Companion, James) (Entered: 01/11/2016)
NOTICE of Change of Address by Gordon H. Copland (Copland, Gordon) (Entered: 01/14/2016)
ORDER: Order granting 73 Motion to Withdraw. Attorney Christine I. Nam; Anil H. Patel; Cedric C.Y. Tan; George J Barry, III and Timothy H. Kratz terminated. Signed by District Judge Irene M. Keeley on 1/15/16. (jss) (Entered: 01/15/2016)
Pro hac vice Filing fee for M. Dubis and R. Florence: $ 400.00, receipt number WVNC001539 (jss) (Entered: 01/15/2016)
ORDER granting Melanie Black Dubis 72 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 1/15/16. (jss) (Entered: 01/15/2016)
ORDER granting Robert L. Florences 71 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 1/15/16. (jss) (Entered: 01/15/2016)
Pro Hac Vice Filing fee for K. Carroll: $ 200.00, receipt number WVNC001558 (jss) (Entered: 01/28/2016)
ORDER granting Karen L. Carrolls 82 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 1/29/16. (jss) (Entered: 01/29/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Defendants Notice of Deposition of Peter Gruber. (OBrien, William) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Defendants Notice of Deposition of WIlliam Forbes. (OBrien, William) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Defendants Notice of Deposition of Norbert Otterbeck. (OBrien, William) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Notice of Deposition of Platiniffs Salix Pharmaceuticals, Inc. and Dr. Falk Pharma GmbH Pursuant to Fed. R. Civ. P. 30(b)(6). (OBrien, William) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of David A. Mitchell (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Joseph Sobecki (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Abhijit Deshmukh (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Ramakrishna Bangaru (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Santanu Chakraborty (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Ritish Kakaria (Companion, James) (Entered: 02/04/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Mylan Pharmaceuticals Inc.s and Mylan Inc.s Supplemental Responses and Objections To Plaintiffs First Set Of Interrogatories To Mylan Pharmaceuticals Inc. and Mylan Inc. (Nos. 1-7). (OBrien, William) (Entered: 02/08/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Mylan Pharmaceuticals Inc.s and Mylan Inc.s Responses and Objections To Plaintiffs Notice of Deposition of Defendants Mylan Pharmaceuticals Inc. and Mylan Inc. Pursuant To Rule 30(b)(6). (OBrien, William) (Entered: 02/08/2016)
Joint MOTION for Extension of Time to File Responsive Claim Construction Briefs by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 02/10/2016)
ORDER granting Joint 97 Motion for Extension of Time: The Court GRANTS the motion and ORDERS the parties to file responsive claim construction briefsby February 12, 2016. Signed by District Judge Irene M. Keeley on 2/10/16. (jss) (Entered: 02/10/2016)
RESPONSE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 02/12/2016)
MEMORANDUM of law by Mylan Pharmaceuticals, Inc., Mylan, Inc. Responsive Brief on Claim Construction. (Copland, Gordon) (Entered: 02/12/2016)
ORDER DIRECTING DEFENDANTS TO RESPOND: The Court ORDERS the defendants to respond to the plaintiffs 102 Motion To Permit Local Counsel to Attend Depositions by Telephone no later than Monday, March 7, 2016 Signed by District Judge Irene M. Keeley on 3/2/16. (jss) (Entered: 03/02/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs First Set of Requests for Admission to Defendants (Nos. 1-60), Second Set of Interrogatories (No. 8), Second Notice of Deposition of Defendants Pursuant to Rule 30(b)(6) and Notice of Deposition of Shane C. Shupe (Companion, James) (Entered: 03/02/2016)
RESPONSE to Motion re 102 MOTION To Permit Local Counsel to Attend Depositions by Telephone and Proposed Order Regarding Same filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 03/07/2016)
ORDER GRANTING PLAINTIFFS MOTION TO PERMIT LOCAL COUNSEL TO ATTEND DEPOSITIONS BY TELEPHONE 102 . Signed by District Judge Irene M. Keeley on 3/7/16. (jss) (Entered: 03/07/2016)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Markman Hearing held on 3/9/2016. (Court Reporter Linda Bachman) (dk) (Entered: 03/09/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Objections and Responses to Defendants Notice of Deposition of Plaintiffs Pursuant to Fed. R. Civ. P. 30(b)(6) (Companion, James) (Entered: 03/15/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. regarding Responses and Objections to Plaintiffs Second Notice of Deposition of Defendants Mylan Pharmaceuticals Inc. and Mylan Inc. Pursuant to Rule 30(b)(6). (OBrien, William) (Entered: 03/15/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Supplemental Objections and Responses to Defendants First Interrogatories (Nos. 1-4, 11-14) to Plaintiffs (Companion, James) (Entered: 04/01/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Responses to Plaintiffs Second Set of Interrogatories. (Copland, Gordon) (Entered: 04/01/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Responses to Plaintiffs First Requests for Admission. (Copland, Gordon) (Entered: 04/01/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Second Supp. Response to Plaintiffs First Interrogatories. (Copland, Gordon) (Entered: 04/01/2016)
TRANSCRIPT of Markman Hearing Proceedings held on March 9, 2016, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 5/2/2016. Redacted Transcript Deadline set for 5/12/2016. Release of Transcript Restriction set for 7/11/2016. (llb) (Entered: 04/11/2016)
TRANSCRIPT PURCHASE ORDER by Mylan Pharmaceuticals, Inc., Mylan, Inc. for proceedings held on March 9, 2016 before Judge Irene M. Keeley. (llb) (Entered: 04/11/2016)
TRANSCRIPT PURCHASE ORDER by Salix Pharmaceuticals, Inc for proceedings held on March 9, 2016 before Judge Irene M. Keeley. (llb) (Entered: 04/11/2016)
MEMORANDUM OPINION AND ORDER CONSTRUING PATENT CLAIMS. Signed by District Judge Irene M. Keeley on 4/12/16. (jss) (Entered: 04/12/2016)
ORDER granting 118 Joint MOTION Modifying Scheduling Order. It is hereby ORDERED that the deadlines indicated from the Courts September 28, 2015 Scheduling Order DE 51 shall be extended pursuant to L.R. Civ. P. 16.01(F). Signed by District Judge Irene M. Keeley on 4/19/2016. copy counsel of record)(jmm) Modified on 4/19/2016 linked DE 51 to docket text (jmm). (Entered: 04/19/2016)
STIPULATION re 119 Order on Motion for Miscellaneous Relief,,, Extending Deadlines for Exchange of Expert Reports by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (OBrien, William) (Entered: 04/28/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Opening Expert Reports (Companion, James) (Entered: 05/27/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. re Defendants Opening Expert Reports. (OBrien, William) (Entered: 05/27/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Responsive Expert Report of Alan Victor Safdi, M.D., F.A.C.G. (Companion, James) (Entered: 06/28/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Expert Report of Dr. Stanley S. ("Bob") Davis (Companion, James) (Entered: 06/28/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Rebuttal Report of David Auslander. (Copland, Gordon) (Entered: 06/28/2016)
Other Document Notice of Change of address - Micheal Binns, Robert Florence and Karen Carroll filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 07/12/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Reply Expert Report of Martyn C. Davis, Ph.D. and Reply Expert Report of Alan Victor Safdi, M.D., F.A.C.G. (Companion, James) (Entered: 08/02/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. for Expert Reply report of Dr. Korelitz. (Copland, Gordon) (Entered: 08/02/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of David E. Auslander, Ph.D. (Companion, James) (Entered: 08/08/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Dr. Burton I. Korelitz, M.D. (Companion, James) (Entered: 08/08/2016)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Notice of Deposition of Steven H. Neau, Ph.D. (Companion, James) (Entered: 08/08/2016)
NOTICE of Appearance by Adam S Ennis on behalf of All Defendants (Ennis, Adam) (Entered: 08/19/2016)
NOTICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Notice of Deposition of Dr. Stanley "Bob" Davis (Lauderman, Christopher) (Entered: 08/22/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Notice of Deposition of Dr. Alan Safdi. (Lauderman, Christopher) (Entered: 08/22/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Notice of Deposition of Dr. Pamela Golden. (Lauderman, Christopher) (Entered: 08/22/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Notice of Deposition of Dr. Martyn Davies. (Lauderman, Christopher) (Entered: 08/22/2016)
CERTIFICATE OF SERVICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. Sur-Reply Expert Report of David E. Auslander, Ph.D.. (Lauderman, Christopher) (Entered: 08/23/2016)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 10/7/2016. (Court Reporter Linda Bachman) (dk) (Entered: 10/07/2016)
ORDER FOLLOWING STATUS CONFERENCE: Order granting in part and denying in part the Joint Motion to Amend Scheduling Order 138 . Dispositive Motions are due by October 28, 2016 and Responses to Dispositive Motions are dye by November 18, 2016. Signed by District Judge Irene M. Keeley on 10/11/16. (jss) (Entered: 10/11/2016)
ORDER: Order granting 142 Motion to Withdraw as Attorney. Attorney Tryn T. Stimart is hereby withdrawn as counsel for Plaintiffs Salix Pharmaceuticals, Inc. and Dr. Falk Pharma GmbH. Signed by District Judge Irene M. Keeley on 11/29/16. (jss) (Entered: 11/29/2016)
NOTICE by Mylan Pharmaceuticals, Inc., Mylan, Inc. PURSUANT TO 35 U.S.C. § 282 (OBrien, William) (Entered: 02/03/2017)
Pro Hac Vice Filing fee for John Cox: $ 200.00, receipt number WVNW001617 (jss) (Entered: 02/09/2017)
ORDER granting 145 Motion for John Cox to Appear Pro Hac Vice. Signed by District Judge Irene M. Keeley on 2/10/17. (mh) (Entered: 02/10/2017)
Exhibit List by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc.(Companion, James) (Entered: 02/10/2017)
Witness List by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc.(Companion, James) (Entered: 02/10/2017)
Exhibit List by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc.(Companion, James) (Entered: 02/10/2017)
Other Document Plaintiffs Designation of Deposition Testimony and Written Discovery filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 02/10/2017)
Witness List by Mylan Pharmaceuticals, Inc., Mylan, Inc..(Copland, Gordon) (Entered: 02/10/2017)
Designation of Deposition and Discovery of Defendants Other Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 02/10/2017)
PHV Filing fee for Catherine Lawson and Christopher Thomas. $ 400.00, receipt number WVNC001814 (mh) (Entered: 02/13/2017)
ORDER granting 147 Motion for Christopher M. Thomas to Appear Pro Hac Vice on behalf of Mylan Defendants. Signed by District Judge Irene M. Keeley on 2/14/17. (mh) (Entered: 02/14/2017)
ORDER granting 146 Motion for Catherine R. L. Lawson to Appear Pro Hac Vice on behalf of Mylan Defendants. Signed by District Judge Irene M. Keeley on 2/14/17. (mh) (Entered: 02/14/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Pretrial Conference held on 2/24/2017. (Court Reporter Linda Bachman) (dk) (Entered: 02/24/2017)
TRANSCRIPT of Final Pretrial Conference Proceedings held on February 24, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 3/23/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/31/2017. (llb) (Entered: 03/02/2017)
TRANSCRIPT PURCHASE ORDER by Mylan Pharmaceuticals, Inc., Mylan, Inc. for proceedings held on February 24, 2017 before Judge Irene M. Keeley. (llb) (Entered: 03/02/2017)
TRANSCRIPT PURCHASE ORDER by Salix Pharmaceuticals, Inc. for proceedings held on February 24, 2017 before Judge Irene M. Keeley. (llb) (Entered: 03/02/2017)
MOTION Joint Request for Status Conference in Advance of Trial by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 03/06/2017)
ORDER GRANTING JOINT 179 MOTION TO PERMIT ENTRY TO THE COURTHOUSE WITH ELECTRONIC EQUIPMENT. Signed by District Judge Irene M. Keeley on 3/6/17. (jss) (Entered: 03/06/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 3/6/2017. (Court Reporter Linda Bachman) (dk) (Entered: 03/06/2017)
ORDER ***SEALED***; ***SEALED***. (copies counsel and Court reporter) Signed by District Judge Irene M. Keeley on 3/6/17. (jss) (Entered: 03/06/2017)
Disclaimer for Realtime Unedited Transcript. (jss) Modified on 3/9/2017 Signed by District Judge Irene M. Keeley on 3/7/17. (jss). (Entered: 03/07/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Bench Trial Day One held on 3/7/2017. (Court Reporter Jennifer Kirkbride) (dk) (Entered: 03/07/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Bench Trial held on 3/8/2017. (Court Reporter Jennifer Kirkbride) (dk) (Entered: 03/08/2017)
*SEALED* TRANSCRIPT of Sealed Hearing held on March 8, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman; Jennifer Kirkbride, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov.. (llb) (Main Document 189 replaced on 4/11/2017) (jss). (Entered: 03/09/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Bench Trial Day 3 held on 3/9/2017. (Court Reporter Jennifer Kirkbride) (dk) (Entered: 03/09/2017)
Clerks Exhibit and Witness List for Trial held 3/7/17 - 3/9/17. (dk) (Main Document 192 replaced on 3/23/2017 to correct typographical error) (dk). (Entered: 03/09/2017)
TRANSCRIPT PURCHASE ORDER by Salix Pharmaceuticals, Inc for proceedings held on March 7-9, 2017 before Judge Irene M. Keeley. (llb) (Entered: 03/09/2017)
TRANSCRIPT PURCHASE ORDER by Mylan Pharmaceuticals, Inc., Mylan, Inc. for proceedings held on March 7-9, 2017 before Judge Irene M. Keeley. (llb) (Entered: 03/09/2017)
Redaction of 175 Transcript,,. hearing held February 24, 2017 (llb) (Entered: 03/15/2017)
ORDER SCHEDULING CONCLUSION OF BENCH TRIAL: On or before Friday, March 31, 2017, the parties are to file a stipulation scheduling these dates, and also to include three dates on which they are available for an interim status conference prior to the resumption of trial. Signed by District Judge Irene M. Keeley on 3/17/17. (jss) (Entered: 03/17/2017)
ORDER SETTING BRIEFING SCHEDULE: The parties opening briefs are due Monday, April 10, 2017. The parties responsive briefs are due Wednesday, May 10,2017. Signed by District Judge Irene M. Keeley on 3/17/17. (jss) (Entered: 03/17/2017)
Joint MOTION Joint request for status conference by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 03/22/2017)
ORDER SCHEDULING STATUS CONFERENCE: Finding good cause, the Court SCHEDULES a telephonic status conference for Tuesday, March 28, 2017, at 4:30 P.M. Signed by District Judge Irene M. Keeley on 3/24/17. (jss) (Entered: 03/24/2017)
Joint MOTION to establish schedule for supplemental expert discovery by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 03/29/2017)
ORDER GRANTING JOINT MOTION REGARDING SUPPLEMENTAL EXPERT DISCOVERY: It is ORDERED that the parties 202 Joint Motion to Establish Schedule for Supplemental Expert Discovery is hereby GRANTED. The Interim Status Conference is set for 4/27/2017 02:30 PM in Judge Keeley Chambers before District Judge Irene M. Keeley, via telephone. Signed by District Judge Irene M. Keeley on 3/30/17. (cnd) (Entered: 03/30/2017)
ORDER: Order granting 204 Plaintiffs Unopposed Motion to Expand Page Limit and ORDERS that Plaintiffs opening post-trial brief is expanded from a 30-page limit to a 35-page limit. Signed by District Judge Irene M. Keeley on 4/3/17. (jss) (Entered: 04/03/2017)
ORDER ENLARGING PAGE LIMIT: Order granting 206 Motion to Enlarge Page Limit and ORDERS that the page limit on Defendants opening post-trial brief is expanded from a 30-page limit to a 35-page limit. Signed by District Judge Irene M. Keeley on 4/4/17. (jss) (Entered: 04/04/2017)
MEMORANDUM Plaintiffs Opening Brief Regarding Infringement of United States Patent Number 8,865,688 by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc . (Companion, James) (Entered: 04/10/2017)
Other Document Proposed Findings of Fact and Conclusions of Laaw filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 04/10/2017)
ORDER: It is ORDERED that the parties 214 Joint Motion Regarding Supplemental Expert Discovery is hereby GRANTED and the deposition date of Dr. Bloomfeld be extended through and including 4/23/17. Signed by District Judge Irene M. Keeley on 4/14/17. (cnd) (Entered: 04/14/2017)
CERTIFICATE OF SERVICE by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc re Plaintiffs Notice of Deposition of Richard S. Bloomfeld, M.D. (Companion, James) (Entered: 04/19/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 4/27/2017. (Court Reporter Cindy Knecht) (dk) (Entered: 04/27/2017)
PHV Filing fee, J. Janusz, D. Mukerjee, L. Soderstrom, J. Grant: $ 800.00, receipt number WVNC001871 (mh) (Entered: 04/28/2017)
ORDER granting James C. Grants 213 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 5/1/17. (jss) (Entered: 05/01/2017)
ORDER granting Joseph M. Januszs 210 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 5/1/17. (jss) (Entered: 05/01/2017)
ORDER granting Deepro Mukerjees 211 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 5/1/17. (jss) (Entered: 05/01/2017)
ORDER granting Lance Soderstroms 212 Motion for Leave to Appear pro hac vice. Signed by District Judge Irene M. Keeley on 5/1/17. (jss) (Entered: 05/01/2017)
ORDER: The Court Orders that all claims, affirmative defenses and counterclaims in this action as they relate to the Otterbeck patents and Counterclaim patents are hereby dismissed with prejudice. Signed by District Judge Irene M. Keeley on 5/4/17. (jss) (Entered: 05/04/2017)
Other Document Defendants Corrected Proposed Findings of Fact and Conclusions of Law filed by Mylan Pharmaceuticals, Inc., Mylan, Inc.. (Copland, Gordon) (Entered: 05/05/2017)
Other Document Plaintiffs Corrected Opening Post-Trial Brief Regarding Infringement of United States Patent Number 8,865,688 filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 05/05/2017)
ORDER granting 227 Unopposed Motion to Expand Page Limit and ORDERS that the parties closing post-trial briefs are expanded from a 20-page limit to a 25-page limit. Signed by District Judge Irene M. Keeley on 5/9/2017. (kac) (Entered: 05/09/2017)
RESPONSE by Mylan Pharmaceuticals, Inc., Mylan, Inc. to 208 MEMORANDUM, 226 Other Document. (Copland, Gordon) (Entered: 05/10/2017)
Letter to Judge Irene M. Keeley re hyperlinked briefs Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 05/19/2017)
ORDER SCHEDULING STATUS CONFERENCE: The Court SCHEDULES a telephonic status conference for Tuesday, May 30, 2017, at 9:00 A.M. Signed by District Judge Irene M. Keeley on 5/24/17. (jss) (Entered: 05/24/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 5/30/2017. (Court Reporter Linda Bachman) (dk) (Entered: 05/30/2017)
ORDER: Order granting 236 Motion to For Leave to Withdraw as Counsel and Orders Yolonda G. Lambert is hereby withdrawn as counsel. Signed by District Judge Irene M. Keeley on 6/6/17. (jss) (Entered: 06/06/2017)
STIPULATION (Joint) by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 06/07/2017)
TRANSCRIPT of Status Conference Proceedings held on May 30, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 6/29/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/6/2017. (llb) (Entered: 06/08/2017)
TRANSCRIPT PURCHASE ORDER by IPD Analytics for proceedings held on May 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 06/08/2017)
TRANSCRIPT PURCHASE ORDER by Salix Pharmaceuticals, Inc for proceedings held on May 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 06/08/2017)
TRANSCRIPT PURCHASE ORDER by Mylan Pharmaceuticals, Inc., Mylan, Inc. for proceedings held on May 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 06/09/2017)
Proposed Order by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 06/22/2017)
Plaintiffs Response to Mylans Notice of Submission of Proposed Order Other Document filed by Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. (Companion, James) (Entered: 06/23/2017)
ORDER SCHEDULING STATUS CONFERENCE: It is ORDERED that the Court SCHEDULES a Status Conference by telephone for 6/30/2017 at 03:00 PM. Signed by District Judge Irene M. Keeley on 6/27/17. (cnd) (Entered: 06/27/2017)
NOTICE of Appearance by Shawn A. Morgan on behalf of All Defendants (Morgan, Shawn) (Entered: 06/30/2017)
MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 6/30/2017. (Court Reporter FTR Gold cbg keeley salix v mylan 1 15 cv 109 6 30 2017.) (dk) (Entered: 06/30/2017)
ORDER IMPLEMENTING JOINT STIPULATION: The Court ORDERS as follows: With respect to the product described in the MPI Apriso ANDA, any and all claims by Plaintiffs alleging infringement of claim 2 of the 688 patent are DISMISSED WITH PREJUDICE; Except for the limited purpose of maintaining jurisdictionover MPIs invalidity counterclaims in order to enter a consent judgment based on the PTABs Determination respecting the invalidity of claim 1 of the 688 patent, and consistent with the provisions of paragraph 3 below, Mylans affirmative defenses and counterclaims of invalidity with respect to the688 patent are DISMISSED WITH PREJUDICE; Should the United States Court of Appeals for the Federal Circuit affirm the PTABs Determination regarding claim 1 of the 688 patent, or in the event there is no appeal from the PTABs Determination, the Court will enter a final consent judgment in this action in Mylans favor as to the invalidity of claim 1 of the 688 patent; and Each party shall bear its own attorneys fees and costs relating to these issues. Signed by District Judge Irene M. Keeley on 7/10/17. (jss) (Entered: 07/10/2017)
Corporate Disclosure Statement by Mylan Pharmaceuticals, Inc., Mylan, Inc. identifying Corporate Parent Mylan N.V. for Mylan Pharmaceuticals, Inc., Mylan, Inc... (OBrien, William) (Entered: 07/19/2017)
TRANSCRIPT of Status Hearing Proceedings held on June 30, 2017, before Judge Irene M. Keeley. Court Reporter/Transcriber Linda Bachman, Telephone number (304) 282-0395; Linda_Bachman@wvnd.uscourts.gov. Tape Number: FTR Gold. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 8/21/2017. Redacted Transcript Deadline set for 8/31/2017. Release of Transcript Restriction set for 10/30/2017. (llb) (Entered: 07/31/2017)
TRANSCRIPT PURCHASE ORDER for proceedings held on June 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 07/31/2017)
TRANSCRIPT PURCHASE ORDER by Mylan Pharmaceuticals, Inc., Mylan, Inc. for proceedings held on June 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 07/31/2017)
TRANSCRIPT PURCHASE ORDER by Salix Pharmaceuticals, Inc for proceedings held on June 30, 2017 before Judge Irene M. Keeley. (llb) (Entered: 07/31/2017)
FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING JUDGMENT IN FAVOR OF THE DEFENDANTS. The plaintiffs have not carried their burden to prove by a preponderance of the evidence that Mylans ANDA product will infringe each element of claim 1 of the 688 Patent either directly or indirectly. The Court DIRECTS the Clerk to transmit copies of this Order to counsel of record, to enter a separate judgment order, and to terminate as moot the pending motions (Dkt. Nos. 163 ; 166 ). Signed by District Judge Irene M. Keeley on 9/12/17. (jss) (Entered: 09/12/2017)
JUDGMENT in favor of Mylan Pharmaceuticals, Inc. and Mylan, Inc. against Dr. Falk Pharma GmbH, Salix Pharmaceuticals, Inc. Signed by District Judge Irene M. Keeley on 9/12/17. (jss) (Entered: 09/12/2017)
REPORT to USPTO on the filing or determination of an action regarding a Patent or Trademark. (jss) (Entered: 09/12/2017)
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