Teva Pharmaceuticals International GmbH et al v. Fresenius Kabi USA, LLC
Delaware District Court | |
Judge: | Colm F Connolly |
Case #: | 1:17-cv-01201 |
Nature of Suit | 835 Property Rights - Patent – Abbreviated New Drug Application |
Cause | 35:271 Patent Infringement |
Case Filed: | Aug 24, 2017 |
Terminated: | Jul 06, 2020 |
Last checked: Saturday Mar 16, 2024 6:42 AM EDT |
Counter Claimant
Fresenius Kabi USA, LLC
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Represented By
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Counter Defendant
Cephalon, Inc.
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Represented By
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Counter Defendant
Eagle Pharmaceuticals, Inc.
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Represented By
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Counter Defendant
Teva Pharmaceuticals International GmbH
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Represented By
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Defendant
Fresenius Kabi USA, LLC
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Represented By
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Plaintiff
Cephalon, Inc.
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Represented By
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Plaintiff
Eagle Pharmaceuticals, Inc.
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Represented By
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Plaintiff
Teva Pharmaceuticals International GmbH
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Represented By
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Docket last updated: 10 hours ago |
Monday, July 06, 2020 | ||
utility
Terminate Case - Civil
Mon 07/06 12:00 PM
CASE CLOSED per Final Judgment Order in Lead Case. CA. NO. 17-1154 CFC. (fms) |
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Tuesday, September 25, 2018 | ||
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Case Assigned/Reassigned
Tue 09/25 10:46 AM
Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:17-cv-01154-CFC, 1:17-cv-01164-CFC, 1:17-cv-01201-CFC, 1:17-cv-01790-CFC, 1:18-cv-00117-CFC (rjb) |
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Add Attorneys - PHV only
Tue 09/25 1:09 PM
Pro Hac Vice Attorney Helen H. Ji for Fresenius Kabi USA, 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. (ceg) |
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Thursday, August 09, 2018 | ||
26 | 26
misc
Redacted Document
Thu 08/09 3:31 PM
REDACTED VERSION of24 Proposed Consent Judgment by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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order
SO ORDERED
Thu 08/09 12:54 PM
SO ORDERED, re24 Proposed Consent Judgment and Stipulation of Dismissal filed by Cephalon, Inc., Teva Pharmaceuticals International GmbH, Eagle Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 8/8/18. (ntl) |
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Thursday, August 02, 2018 | ||
25 | 25
misc
Letter
Thu 08/02 6:03 PM
Letter to The Honorable Leonard P. Stark from Karen E. Keller regarding Proposed Consent Judgment and Stipulation of Dismissal - re (24 in 1:17-cv-01201-LPS) Proposed Consent Judgment. (Keller, Karen) |
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24 | 24
misc
Consent Judgment - Proposed
Thu 08/02 5:59 PM
[SEALED] PROPOSED CONSENT JUDGMENT and Stipulation of Dismissal by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Keller, Karen) |
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Wednesday, July 25, 2018 | ||
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Case Assigned/Reassigned
Wed 07/25 2:55 PM
Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-01154-LPS, 1:17-cv-01164-LPS, 1:17-cv-01201-LPS, 1:17-cv-01790-LPS, 1:18-cv-00117-LPS (rjb) |
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Wednesday, December 13, 2017 | ||
minutes
Scheduling Conference
Wed 12/13 1:37 PM
Minute Entry for proceedings held before Judge Gregory M. Sleet - Scheduling Conference held on 12/13/2017. Discussion about the competing schedule proposals between the parties. After counsel conferred outside of court's presence, the court assigns the following dates: A Markman Hearing (full day) is set for 9/4/2018 at 9:30 AM in Courtroom 4A, the Final Proposed Pretrial Order is due by the close of business on 7/29/2019, the Final Pretrial Conference is set for 8/19/2019 at 10:00 AM in Courtroom 4A, and a 10-day Bench Trial is set for 9/3/2019 at 9:00 AM in Courtroom 4A. These cases are consolidated for all purposes; all future filings are to be made ONLY in Lead C.A. No. 17-1154 GMS. These cases will not be referred to the Magistrate Judge for exploring ADR. The plaintiffs shall file an amended scheduling order within seven (7) days of today. (Court Reporter Kevin Maurer.) Associated Cases: 1:17-cv-01154-GMS, 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(mdb) |
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Remark
Wed 12/13 2:11 PM
Remark - These cases have been consolidated for ALL PURPOSED. All future filings shall be made ONLY in Lead C.A. No. 17-1154 GMS. Associated Cases: 1:17-cv-01154-GMS, 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(mdb) |
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Friday, December 08, 2017 | ||
23 | 23
discov
Notice of Service
Fri 12/08 5:30 PM
NOTICE OF SERVICE of Fresenius Kabi USA, LLC's First Set of Requests for the Production of Documents and Things to Plaintiffs Teva Pharmaceuticals International GmbH, Cephalon, Inc., and Eagle Pharmaceuticals, Inc. filed by Fresenius Kabi USA, LLC.(Farnan, Brian) |
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Thursday, December 07, 2017 | ||
22 | 22
discov
Notice of Service
Thu 12/07 4:45 PM
NOTICE OF SERVICE of (1) Plaintiffs' Initial Identification of Asserted Patents and Accused Products filed by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH.(Keller, Karen) |
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Friday, December 01, 2017 | ||
order
Oral Order ~Util - Set Deadlines/Hearings
Fri 12/01 11:33 AM
ORAL ORDER re (20 in 1:17-cv-01201-GMS, 18 in 1:17-cv-01154-GMS, 15 in 1:17-cv-01164-GMS) Joint Status Report - A Scheduling Conference is set for Wednesday, December 13, 2017 at 10:00 AM (EST)in Courtroom 4A. Ordered by Judge Gregory M. Sleet on 12/1/2017. Associated Cases: 1:17-cv-01154-GMS, 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(mdb) |
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Tuesday, November 07, 2017 | ||
21 | 21
misc
Proposed Order
Tue 11/07 6:48 PM
PROPOSED ORDER [Scheduling Order] by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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20 | 20
misc
Status Report
Tue 11/07 6:47 PM
Joint STATUS REPORT by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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Thursday, November 02, 2017 | ||
order
SO ORDERED
Thu 11/02 10:08 AM
SO ORDERED - re19 STIPULATION TO EXTEND TIME to submit a Proposed Schedule and Joint Status Report to November 7, 2017 filed by Cephalon, Inc., Teva Pharmaceuticals International GmbH, Eagle Pharmaceuticals, Inc.. Ordered by Judge Gregory M. Sleet on 11/2/2017. (mdb) |
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Monday, October 30, 2017 | ||
19 | 19
motion
Stipulation to EXTEND Time
Mon 10/30 1:45 PM
STIPULATION TO EXTEND TIME to submit a Proposed Schedule and Joint Status Report to November 7, 2017 - filed by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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Friday, October 20, 2017 | ||
order
SO ORDERED
Fri 10/20 1:00 PM
SO ORDERED - re18 STIPULATION TO EXTEND TIME to Submit a Proposed Schedule and Joint Status Report to October 30, 2017 filed by Cephalon, Inc., Teva Pharmaceuticals International GmbH, Eagle Pharmaceuticals, Inc.. Ordered by Judge Gregory M. Sleet on 10/20/2017. (mdb) |
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Wednesday, October 18, 2017 | ||
18 | 18
motion
Stipulation to EXTEND Time
Wed 10/18 2:10 PM
STIPULATION TO EXTEND TIME to Submit a Proposed Schedule and Joint Status Report to October 30, 2017 - filed by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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utility
Add Attorneys - PHV only
Wed 10/18 12:06 PM
Pro Hac Vice Attorney Kenneth G. Schuler for Eagle Pharmaceuticals, Inc. 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. (crb) |
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Monday, October 16, 2017 | ||
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Add Attorneys - PHV only
Mon 10/16 3:07 PM
Pro Hac Vice Attorney Kevin M. Nelson for Fresenius Kabi USA, 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. (ceg) |
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Friday, October 13, 2017 | ||
order
SO ORDERED
Fri 10/13 2:53 PM
SO ORDERED - re16 MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Nelson and Helen H. Ji filed by Fresenius Kabi USA, LLC,17 MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler filed by Eagle Pharmaceuticals, Inc.. Ordered by Judge Gregory M. Sleet on 10/13/2017. (mdb) |
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Thursday, October 12, 2017 | ||
17 | 17
motion
Appear Pro Hac Vice
Thu 10/12 2:22 PM
MOTION for Pro Hac Vice Appearance of Attorney Kenneth G. Schuler - filed by Eagle Pharmaceuticals, Inc.. (Hoeschen, Nathan) |
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16 | 16
motion
Appear Pro Hac Vice
Thu 10/12 1:35 PM
MOTION for Pro Hac Vice Appearance of Attorney Kevin M. Nelson and Helen H. Ji - filed by Fresenius Kabi USA, LLC. (Farnan, Brian) |
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order
SO ORDERED
Thu 10/12 10:27 AM
SO ORDERED - re (15 in 1:17-cv-01201-GMS, 14 in 1:17-cv-01154-GMS, 12 in 1:17-cv-01164-GMS) MOTION for Pro Hac Vice Appearance of Attorney Marc N. Zubick, Daniel G. Brown, and Michelle L. Ernst filed by Eagle Pharmaceuticals, Inc.. Ordered by Judge Gregory M. Sleet on 10/12/2017. Associated Cases: 1:17-cv-01164-GMS, 1:17-cv-01154-GMS, 1:17-cv-01201-GMS(mdb) |
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Add Attorneys - PHV only
Thu 10/12 3:03 PM
Pro Hac Vice Attorney Daniel G. Brown, Michelle L. Ernst, Marc N. Zubick for Eagle Pharmaceuticals, Inc. 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. (ceg) |
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Wednesday, October 11, 2017 | ||
15 | 15
motion
Appear Pro Hac Vice
Wed 10/11 3:22 PM
MOTION for Pro Hac Vice Appearance of Attorney Marc N. Zubick, Daniel G. Brown, and Michelle L. Ernst - filed by Eagle Pharmaceuticals, Inc.. (Hoeschen, Nathan) |
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Friday, October 06, 2017 | ||
14 | 14
answer
Answer to Counterclaim
Fri 10/06 4:20 PM
ANSWER to10 Answer to Complaint, Counterclaim by Cephalon, Inc., Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GmbH.(Shaw, John) |
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Monday, September 18, 2017 | ||
13 | 13
notice
Notice - Other
Mon 09/18 4:02 PM
NOTICE of Appearance of Arun J. Mohan by Fresenius Kabi USA, LLC (Farnan, Brian) |
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12 | 12
2
pgs
order
Order
Mon 09/18 9:43 AM
ORDER REGARDING CASE MANAGEMENT IN CIVIL CASES. Signed by Judge Gregory M. Sleet on 9/18/2017. (asw) |
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Friday, September 15, 2017 | ||
11 | 11
misc
Disclosure Statement - Rule 7.1
Fri 09/15 5:08 PM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fresenius Kabi USA, Inc., Other Affiliate Fresenius Kabi Pharmaceuticals Holding, Inc., Other Affiliate Fresenius Kabi AG, Other Affiliate Fresenius SE & Co. KGaA for Fresenius Kabi USA, LLC filed by Fresenius Kabi USA, LLC. (Farnan, Brian) |
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10 | 10
answer
Answer to Complaint Counterclaim
Fri 09/15 5:04 PM
ANSWER to1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Fresenius Kabi USA, LLC.(Farnan, Brian) |
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Wednesday, September 06, 2017 | ||
utility
Add Attorneys - PHV only
Wed 09/06 10:49 AM
Pro Hac Vice Attorney Adam D. Harber for Cephalon, Inc. 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: 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(lmm) |
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Add Attorneys - PHV only
Wed 09/06 2:14 PM
Pro Hac Vice Attorney David I. Berl for Cephalon, Inc., and for Teva Pharmaceuticals International GmbH 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: 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(lmm) |
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Add Attorneys - PHV only
Wed 09/06 2:23 PM
Pro Hac Vice Attorney Shaun P. Mahaffy for Cephalon, Inc., and for Teva Pharmaceuticals International GmbH 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. (lmm) |
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Add Attorneys - PHV only
Wed 09/06 2:26 PM
Pro Hac Vice Attorney Martha C. Kidd for Cephalon, Inc., and for Teva Pharmaceuticals International GmbH 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. (lmm) |
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Friday, September 01, 2017 | ||
order
SO ORDERED
Fri 09/01 9:27 AM
SO ORDERED - re (10 in 1:17-cv-01164-GMS, 9 in 1:17-cv-01201-GMS) MOTION for Pro Hac Vice Appearance of Attorney David I. Berl, Adam D. Harber, Martha C. Kidd and Shaun P. Mahaffy filed by Cephalon, Inc., Teva Pharmaceuticals International GmbH. Ordered by Judge Gregory M. Sleet on 9/1/2017. Associated Cases: 1:17-cv-01164-GMS, 1:17-cv-01201-GMS(mdb) |
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Wednesday, August 30, 2017 | ||
9 | 9
motion
Appear Pro Hac Vice
Wed 08/30 5:17 PM
MOTION for Pro Hac Vice Appearance of Attorney David I. Berl, Adam D. Harber, Martha C. Kidd and Shaun P. Mahaffy - filed by Cephalon, Inc., Teva Pharmaceuticals International GmbH. (Hoeschen, Nathan) |
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Case Assigned/Reassigned
Wed 08/30 1:11 PM
Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (rjb) |
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Tuesday, August 29, 2017 | ||
8 | 8
service
Summons Returned Executed
Tue 08/29 11:01 AM
SUMMONS Returned Executed by Teva Pharmaceuticals International GmbH, Cephalon, Inc., Eagle Pharmaceuticals, Inc.. Fresenius Kabi USA, LLC served on 8/25/2017, answer due 9/15/2017. (Hoeschen, Nathan) |
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Friday, August 25, 2017 | ||
service
Summons Issued
Fri 08/25 10:44 AM
Summons Issued with Magistrate Consent Notice attached as to Fresenius Kabi USA, LLC on 8/25/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (fms) |
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Thursday, August 24, 2017 | ||
7 | 7
misc
Disclosure Statement - Rule 7.1
Fri 08/25 10:43 AM
Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Janus Henderson Group PLC for Eagle Pharmaceuticals, Inc. filed by Eagle Pharmaceuticals, Inc. (fms) |
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6 | 6
misc
Disclosure Statement - Rule 7.1
Fri 08/25 10:42 AM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Teva Pharmaceutical Industries Ltd., Other Affiliate Teva Ltd. for Cephalon, Inc. filed by Cephalon, Inc. (fms) |
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5 | 5
misc
Disclosure Statement - Rule 7.1
Fri 08/25 10:39 AM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Teva Pharmaceutical Industries Ltd., Other Affiliate Teva Ltd. for Teva Pharmaceuticals International GmbH filed by Teva Pharmaceuticals International GmbH. (fms) |
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4 | 4
misc
Patent/Trademark Report to Commissioner of Patents
Fri 08/25 10:37 AM
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s): See report for patent numbers. (fms) |
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3 | 3
misc
ANDA Form
Fri 08/25 10:35 AM
Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 7/14/2017. Date of Expiration of Patent: See form.Thirty Month Stay Deadline: 1/14/2020. (fms) |
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2 | 2
misc
Magistrate Consent Forms
Fri 08/25 10:32 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (fms) |
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1 | 1
cmp
Complaint
Fri 08/25 10:30 AM
COMPLAINT filed against Fresenius Kabi USA, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2210245.) - filed by Teva Pharmaceuticals International GmbH, Cephalon, Inc., Eagle Pharmaceuticals, Inc.(fms) |
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Att: 1 Exhibit A, | ||
Att: 2 Exhibit B, | ||
Att: 3 Exhibit C, | ||
Att: 4 Exhibit D, | ||
Att: 5 Exhibit E, | ||
Att: 6 Exhibit F, | ||
Att: 7 Exhibit G, | ||
Att: 8 Exhibit H, | ||
Att: 9 Exhibit I, | ||
Att: 10 Exhibit J, | ||
Att: 11 Exhibit K, | ||
Att: 12 Exhibit L, | ||
Att: 13 Exhibit M, | ||
Att: 14 Civil Cover Sheet |