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Case number 1:21-cv-01455

Azurity Pharmaceuticals, Inc. v. Bionpharma Inc. > Documents

Date Field Doc. No.Description (Pages)
Jul 29, 2022 90 Letter (2)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from Megan E. Dellinger regarding response to Bionpharma's letter - re (89 in 1:21-cv-01455-MSG, 182 in 1:21-cv-01286-MSG) Letter. (Dellinger, Megan)
Jul 29, 2022 91 Letter (2)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from John C. Phillips, Jr. regarding Response to Plaintiff Azurity's July 29, 2022 letter. (Phillips, John)
Jul 28, 2022 89 Letter (3)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from John C. Phillips, Jr. regarding Supplemental Authority. (Phillips, John)
Jul 27, 2022 N/A Case No Longer Referred to Mediation (0)
Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb)
Jul 26, 2022 88 Main Document (1)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from Megan E. Dellinger regarding subsequent authority - re (148 in 1:21-cv-01286-MSG) MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them, (60 in 1:21-cv-01455-MSG) MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them. (Attachments: # (1) Exhibit A)(Dellinger, Megan)
Jul 26, 2022 88 Exhibit A (14)
Jul 22, 2022 87 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Objections and Responses to Defendant Bionpharma's Second Set of Interrogatories (Nos. 5-9) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jul 18, 2022 86 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER, re [85] STIPULATION TO EXTEND TIME for the parties to submit the joint interim status report to August 8, 2022. Signed by Judge Mitchell S. Goldberg on 7/18/2022. (twk)
Jul 8, 2022 85 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for the parties to submit the joint interim status report to August 8, 2022 - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jul 7, 2022 84 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Objections and Responses to Plaintiff Azurity's Second Set of Requests for Production of Documents (Nos. 33-35) filed by Bionpharma Inc..(Haney, Megan)
Jun 27, 2022 83 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Objections and Responses to Defendant Bionpharma's Second Set of Requests for Production of Documents and Things (Nos. 69-99) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Jun 22, 2022 82 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Second Set of Interrogatories filed by Bionpharma Inc..(Haney, Megan)
Jun 21, 2022 81 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Invalidity Contentions Pursuant to Delaware Default Standard Rule 4(d) filed by Bionpharma Inc..(Haney, Megan)
Jun 9, 2022 80 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Objections and Responses to Plaintiff's First Set of Interrogatories (Nos. 1-10) and Defendant Bionpharma's Objections and Responses to Plaintiff Azurity's First Set of Requests for Production of Documents (Nos. 1-32) filed by Bionpharma Inc..(Haney, Megan)
Jun 7, 2022 79 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Second Set of Requests for Production to Bionpharma (Nos. 33-35) - filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
May 17, 2022 78 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Second Set of Requests for Production of Documents and Things (Nos. 69-99) filed by Bionpharma Inc..(Haney, Megan)
May 12, 2022 76 Request for Oral Argument (3)
Docket Text: REQUEST for Oral Argument by Azurity Pharmaceuticals, Inc. re (148 in 1:21-cv-01286-MSG) MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them, (60 in 1:21-cv-01455-MSG) MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them. (Dellinger, Megan)
May 12, 2022 77 Reply Brief (16)
Docket Text: REPLY BRIEF re [68] MOTION to Stay Antitrust Discovery Pending Resolution of the Motion to Dismiss filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
May 10, 2022 75 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) First Set of Requests for Production to Bionpharma (Nos. 1-32); and (2) First Set of Interrogatories to Bionpharma (Nos. 1-10) filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
May 5, 2022 73 Answering Brief in Opposition (28)
Docket Text: ANSWERING BRIEF in Opposition re [68] MOTION to Stay Antitrust Discovery Pending Resolution of the Motion to Dismiss filed by Bionpharma Inc..Reply Brief due date per Local Rules is 5/12/2022. (Phillips, John)
May 5, 2022 74 Reply Brief (18)
Docket Text: REPLY BRIEF re [60] MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
May 2, 2022 72 Transcript (57)
Docket Text: Official Transcript of Status Hearing held on 4/25/2022 before Judge Mitchell S. Goldberg. Court Reporter/Transcriber Michael T. Keating, Phone: (609) 440-2177. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. Associated Cases: 1:18-cv-01962-MSG et al.(nmg)
Apr 26, 2022 71 Stipulation and Order (1)
Docket Text: STIPULATION AND ORDER re (158 in 1:21-cv-01286-MSG, 70 in 1:21-cv-01455-MSG) STIPULATION TO EXTEND TIME for the parties to submit the joint interim status report to July 8, 2022. Signed by Judge Mitchell S. Goldberg on 4/26/2022. Associated Cases: 1:21-cv-01286-MSG, 1:21-cv-01455-MSG. (nmg)
Apr 25, 2022 N/A Status Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Zoom Status Conference held on 4/25/2022. (Court Reporter Jimmy Cruz.) Associated Cases: 1:18-cv-01962-MSG et al. (nmg)
Apr 22, 2022 70 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for the parties to submit the joint interim status report to July 8, 2022 - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Apr 21, 2022 67 Main Document (28)
Docket Text: ANSWERING BRIEF in Opposition re [60] MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them filed by Bionpharma Inc..Reply Brief due date per Local Rules is 4/28/2022. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Phillips, John)
Apr 21, 2022 67 Exhibit A (52)
Apr 21, 2022 67 Exhibit B (7)
Apr 21, 2022 67 Exhibit C (8)
Apr 21, 2022 68 Motion to Stay (4)
Docket Text: MOTION to Stay Antitrust Discovery Pending Resolution of the Motion to Dismiss - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Apr 21, 2022 69 Main Document (18)
Docket Text: OPENING BRIEF in Support re [68] MOTION to Stay Antitrust Discovery Pending Resolution of the Motion to Dismiss filed by Azurity Pharmaceuticals, Inc..Answering Brief/Response due date per Local Rules is 5/5/2022. (Attachments: # (1) Exhibits A-E)(Dellinger, Megan)
Apr 21, 2022 69 Exhibits A-E (74)
Apr 20, 2022 66 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Objections and Responses to Defendant Bionpharma's First Set of Requests for Production of Documents and Things; and (2) Objections and Responses to Defendant Bionpharma's First Set of Interrogatories filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 18, 2022 65 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Plaintiff Azurity Pharmaceuticals, Inc.'s Initial Infringement Claim Charts filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Apr 13, 2022 64 Status Report (9)
Docket Text: Joint STATUS REPORT by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 30, 2022 63 Order (2)
Docket Text: ORDER, A status conference will be held on the record, by video conference, on Monday, April 25, 2022, at 3:00 p.m. Chambers will contact the parties with details for joining the video conference. Counsel for all parties shall meet and confer and, within fourteen (14) days of the date of this Order, file a joint letter summarizing the status of each of the above cases. Signed by Judge Mitchell S. Goldberg on 3/30/2022. Associated Cases: 1:18-cv-01962-MSG et al. (nmg)
Mar 25, 2022 62 Order on Motion to Appear Pro Hac Vice (3)
Docket Text: ORDER granting (146) MOTION for Pro Hac Vice Appearance of Attorney Alexander Poonai in case 1:21-cv-01286-MSG; granting (58) MOTION for Pro Hac Vice Appearance of Attorney Alexander Poonai in case 1:21-cv-01455-MSG. Signed by Judge Mitchell S. Goldberg on 3/25/2022. Associated Cases: 1:21-cv-01286-MSG, 1:21-cv-01455-MSG(nmg)
Mar 24, 2022 60 Motion to Dismiss for Failure to State a Claim (4)
Docket Text: MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 24, 2022 61 Main Document (29)
Docket Text: OPENING BRIEF in Support re [60] MOTION to Dismiss for Failure to State a Claim (Counts III and IV of Bionpharma's Counterclaims) or, in the Alternative, to Bifurcate and Stay Them filed by Azurity Pharmaceuticals, Inc..Answering Brief/Response due date per Local Rules is 4/7/2022. (Attachments: # (1) Exhibits 1-4)(Dellinger, Megan)
Mar 24, 2022 61 Exhibits 1-4 (69)
Mar 23, 2022 58 Motion for Leave to Appear Pro Hac Vice (5)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Alexander Poonai - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 23, 2022 59 Order (1)
Docket Text: ORDER, the parties having advised that no claim construction hearing is needed as there are no claim terms in dispute, it is hereby ORDERED that: The claim construction hearing scheduled for June 21, 2022 is adjourned. The associated deadlines for tutorial, issue identification, and briefing (ECF No. [126] at 10-13) are likewise adjourned. Signed by Judge Mitchell S. Goldberg on 3/23/2022. Associated Cases: 1:21-cv-01286-MSG, 1:21-cv-01455-MSG(nmg)
Mar 22, 2022 57 Stipulation and Order (2)
Docket Text: STIPULATION AND ORDER. Azurity's Motion to Dismiss is due on 3/24/2022. Bionpharma's Answering Brief is due on 4/21/22 and Azurity's Reply Brief is due on 5/5/2022. Signed by Judge Mitchell S. Goldberg on 3/22/22. Associated Cases: 1:21-cv-01286-MSG, 1:21-cv-01455-MSG(mal)
Mar 21, 2022 56 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Bionpharma's First Set of Interrogatories and (2) Bionpharma's First Set of Requests for Production of Documents and Things filed by Bionpharma Inc..(Haney, Megan)
Mar 16, 2022 55 Letter (1)
Docket Text: Letter to The Honorable Mitchell S. Goldberg from Megan E. Dellinger regarding request that the Court cancel the Markman hearing scheduled for June 21, 2022 and remove associated deadlines from calendar. (Dellinger, Megan)
Mar 8, 2022 53 Stipulation (2)
Docket Text: STIPULATION and [Proposed] Order Regarding Motion to Dismiss Briefing re (46 in 1:21-cv-01455-MSG, 46 in 1:21-cv-01455-MSG) Answer to Complaint, Counterclaim, (135 in 1:21-cv-01286-MSG, 135 in 1:21-cv-01286-MSG) Answer to Amended Complaint, Counterclaim by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 8, 2022 54 Claim Construction Chart (3)
Docket Text: CLAIM Construction Chart by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Mar 2, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Mitchell S. Goldberg of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MSG) after the case number on all documents filed. Associated Cases: 1:18-cv-01962-MSG, 1:19-cv-01067-MSG, 1:19-cv-02100-MSG, 1:20-cv-01256-MSG, 1:21-cv-00196-MSG, 1:21-cv-01286-MSG, 1:21-cv-01455-MSG, and 1:21-cv-01707-MSG. (rjb)
Feb 28, 2022 51 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Bionpharma's Initial Proposed Claim Terms for Construction and Proposed Constructions filed by Bionpharma Inc..(Haney, Megan)
Feb 28, 2022 52 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Disclosure of Proposed Claim Terms and Constructions for U.S. Patent Nos. 11,040,023 and 11,141,405 filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Feb 25, 2022 50 Status Report (8)
Docket Text: Joint STATUS REPORT by Azurity Pharmaceuticals, Inc., Silvergate Pharmaceuticals, Inc.. (Dellinger, Megan)
Feb 24, 2022 49 Redacted Document (30)
Docket Text: REDACTED VERSION of [46] Answer to Complaint, Counterclaim by Bionpharma Inc.. (Phillips, John)
Feb 23, 2022 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that in anticipation of reassignment of these cases (C.A. Nos. 18-1962, 19-1067, 19-2100, 21-196, 21-1286, 21-1455, 21-1707) to another judge, the parties shall meet and confer and, no later than February 25, submit a joint status report (one that collectively addresses all of these related cases), advising the Court of the following (in addition to anything else the parties wish to report): (i) whether trial has occurred and/or is scheduled to occur and if so, when; (ii) whether a preliminary injunction motion has been litigated and whether any preliminary injunction motion is anticipated; (iii) the date of expiration of any regulatory stay, if applicable; and (iv) the status of any pending motions, or any motions the parties anticipate filing, and the urgency (if any) of such motions. ORDERED by Judge Leonard P. Stark on 2/23/22. Associated Cases: 1:18-cv-01962-LPS et al. (ntl)
Feb 17, 2022 N/A Document Unsealed (0)
Docket Text: Document Unsealed -- D.I. 121 in 1:21-cv-01286-LPS; D.I. 32 in 1:21-cv-01455-LPS. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Feb 17, 2022 47 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bionpharma Inc.. (Phillips, John)
Feb 16, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (134 in 1:21-cv-01286-LPS, 45 in 1:21-cv-01455-LPS) MOTION for Pro Hac Vice Appearance of Attorney Aaron M. Johnson & Christopher J. Kelly filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 2/16/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Feb 16, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Aaron M. Johnson for Bionpharma 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. (twk)
Feb 16, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Christopher J. Kelly for Bionpharma 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. (apk)
Feb 15, 2022 45 Main Document (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Aaron M. Johnson & Christopher J. Kelly - filed by Bionpharma Inc.. (Attachments: # (1) Certification of Aaron M. Johnson, # (2) Certification of Christopher J. Kelly)(Haney, Megan)
Feb 15, 2022 45 Certification of Aaron M. Johnson (1)
Feb 15, 2022 45 Certification of Christopher J. Kelly (1)
Feb 11, 2022 44 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Bionpharma's Paragraph 4(b) Disclosures filed by Bionpharma Inc..(Haney, Megan)
Feb 10, 2022 42 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of (1) Initial Disclosures Pursuant to Rule 26(a)(1); (2) Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery; and (3) Identification of Accused Products and Asserted Patents Pursuant to Paragraph 4(a) of the Delaware Default Standard for Discovery filed by Azurity Pharmaceuticals, Inc..(Dellinger, Megan)
Feb 10, 2022 43 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant Bionpharma's Rule 26(a)(1) Initial Disclosures and Defendant Bionpharma's Initial Disclosures Pursuant to D. Del.'s Default Standard for Discovery filed by Bionpharma Inc..(Haney, Megan)
Feb 8, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (130 in 1:21-cv-01286-LPS, 41 in 1:21-cv-01455-LPS) STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to (1) the First Amended Complaint (D.I. 89) in C.A. No. 21-1286-LPS and (2) the Complaint (D.I. 1) in C.A. No. 21-1455-LPS to February 17, 2022 filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 2/8/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Feb 7, 2022 41 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to (1) the First Amended Complaint (D.I. 89) in C.A. No. 21-1286-LPS and (2) the Complaint (D.I. 1) in C.A. No. 21-1455-LPS to February 17, 2022 - filed by Bionpharma Inc.. (Haney, Megan)
Feb 2, 2022 39 Redacted Document (30)
Docket Text: REDACTED VERSION of (121 in 1:21-cv-01286-LPS, 32 in 1:21-cv-01455-LPS) Letter, by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Feb 2, 2022 40 Redacted Document (2)
Docket Text: REDACTED VERSION of (34 in 1:21-cv-01455-LPS) Letter by Bionpharma Inc.. (Phillips, John)
Jan 27, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (122 in 1:21-cv-01286-LPS, 33 in 1:21-cv-01455-LPS) MOTION for Pro Hac Vice Appearance of Attorney Jeffrey C. Bank filed by Azurity Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 1/27/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Jan 27, 2022 N/A Case Referred to Mediation (0)
Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS(Taylor, Daniel)
Jan 27, 2022 33 Motion for Leave to Appear Pro Hac Vice (5)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jeffrey C. Bank - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Jan 27, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the briefing submitted by the parties (see C.A. No. 21-1286 D.I. 98, 106, 111; C.A. No. 21-1455 D.I. 13, 17, 22), as well as the parties' letters regarding subsequent developments in the Florida CoreRx case, IT IS HEREBY ORDERED that Bionpharma's motion to dismiss (C.A. No. 21-1286 D.I. 97; C.A. No. 21-1455 D.I. 12) pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED. The Court agrees with Azurity that the "two-dismissal" rule of Fed. R. Civ. P. 41(a)(1)(B) is inapplicable because both of Azurity's actions against CoreRx were dismissed pursuant to a mutual agreement between those parties, and not the unilateral action of Azurity, as is well established by the record. (See, e.g., C.A. No. 21-1286 D.I. 106 at 3; D.I. 107 para. 6-7; D.I. 120-1 para. 16; D.I. 121 Exs. A & B at 25-26; see also Azurity Pharms., Inc. v. CoreRx, Inc., C.A. No. 8:21-2515 (M.D. Fla.) D.I. 18 & Ex. A) The purpose of Rule 41(a)(1)(B)'s "two-dismissal" rule is to "prevent Plaintiffs from abusing their ability to dismiss cases and re-file cases at will, thereby harassing other parties," CAC Maritime, Ltd. v. Redbrick Ventures, Ltd., 2021 WL 3048405, at *1 (D. Del. July 20, 2021), a purpose which is not implicated by the circumstances presented here. While the two-dismissal rule is mandatory where it applies, it must also be strictly construed, and here Bionpharma has failed to show it applies to the circumstances presented, which involve joint action by Azurity and CoreRx (the Florida defendant). See id. (stating that where application of two-dismissal rule does not serve its purposes, and would "close the courthouse doors to an otherwise proper litigant," rule should not be applied broadly); see also generally St. Clair Intell. Prop. Consultants, Inc. v. Samsung Elecs. Co., 291 F.R.D. 75, 79 (D. Del. 2013). The (non-binding) cases upon which Bionpharma relies (see D.I. 111 at 2) do not compel a different conclusion but merely support the inapposite proposition that "[w]hen a plaintiff unilaterally dismisses prior lawsuits, the two-dismissal rule neither requires an inquiry into the circumstances of the two dismissals nor considers the plaintiff's reasons for seeking a voluntary dismissal." Ferretti v. Beach Club Maui, Inc., 2018 WL 3078742, at *5 (D. Haw. June 21, 2018) (internal quotation marks omitted). Bionpharma has not shown, at this point, that Azurity abused the judicial system (but this statement is without prejudice to any efforts Bionpharma may intend to take on this issue as the instant cases proceed). Additionally, because the Court agrees with Azurity that Bionpharma is not in privity with CoreRx for purposes of the two-dismissal rule, Bionpharma would not prevail on its motion even if the two-dismissal rule applied here. Although Bionpharma had a contract with CoreRx to develop the accused ANDA product, and has a contract with CoreRx to manufacture and supply the accused ANDA product to Bionpharma, a manufacturer or seller of a product who is sued for patent infringement is generally not considered to be in privity with a party who does no more than purchase and use the product. See S. Snow Mfg. Co. v. SnoWizard Holdings, Inc., 567 F. App'x 945, 960 (Fed. Cir. 2014). Bionpharma and CoreRx are wholly separate companies lacking any corporate relationship (unlike Azurity and CoreRx, which share a corporate parent), and they are represented by separate counsel; neither entity is alleged to be able to control the another with respect to litigation. The Court has considered Bionpharma's other arguments, and the additional cases it has cited, and finds none of them (alone or in combination) meets Bionpharma's burden to show that Bionpharma is the same, or substantially the same, or in privity with CoreRx, such that an adjudication on the merits with respect to CoreRx would extend to Bionpharma. IT IS FURTHER ORDERED that the hearing scheduled for tomorrow, January 28, is CANCELLED. The Court will enter a separate order setting the schedule for these cases. ORDERED by Judge Leonard P. Stark on 1/27/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Jan 27, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' submissions relating to the proposed schedule for this case (see C.A. No. 21-1286 D.I. 116-19; C.A. No. 21-1455 D.I. 27-30), IT IS HEREBY ORDERED that the Court will, by separate order, enter a schedule to govern further proceedings, consistent with the following resolution of the parties' disputes: (1) trial will be set for February 2024, consistent with Bionpharma's request, as this date (a) provides the necessary and appropriate amount of time to complete needed new discovery (which may include patent defenses as well as antitrust counterclaims, which may or may not be stayed and would, at minimum, likely be the subject of motion practice), (b) is a more reasonable request than Azurity's proposed trial date of January 2023, which does not appear to leave sufficient time to complete discovery and all necessary pre-trial tasks, and (c) reflects the challenges of the Court's schedule and other commitments; (2) Bionpharma's proposed provision to be permitted to redact or withhold from production its correspondence with the FDA that solely relates to approval status of the ANDA is REJECTED as such correspondence is relevant (at least to damages) and the circumstances are much different now than when the Court approved such a provision in earlier cases between the parties - providing Azurity access to such correspondence may eliminate the need for further motion practice seeking extraordinary injunctive relief and/or may eliminate the need that such motion practice be expedited; and (3) Bionpharma's request for 70 hours of deposition, as provided for in the Federal Rules of Civil Procedure, is GRANTED, as it appears reasonable and proportional to the needs of the case, notwithstanding that much discovery has already been taken on many issues to be litigated in this action (but not on others, such as damages and allegations of anticompetitive conduct). ORDERED by Judge Leonard P. Stark on 1/27/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Jan 27, 2022 37 Scheduling Order (18)
Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 12/12/2022. Status Report due by 4/22/2022. Dispositive Motions due by 8/21/2023. AN Oral Argument is set for 10/10/2023 at 10:00 AM before Judge Leonard P. Stark. Joint Claim Construction Brief due by 6/1/2022. A Markman Hearing is set for 6/21/2022 at 10:00 AM before Judge Leonard P. Stark. Proposed Pretrial Order due by 12/4/2023. A Final Pretrial Conference is set for 12/19/2023 at 10:00 AM before Judge Leonard P. Stark. A 10-day Jury Trial is set for 2/1/2024 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 1/27/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Jan 27, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 1/27/2022. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS(dlb)
Jan 26, 2022 32 Main Document (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Megan E. Dellinger regarding recent developments relevant to Bionpharma's pending motion to dismiss - re (97 in 1:21-cv-01286-LPS) MOTION to Dismiss for Failure to State a Claim . (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Dellinger, Megan) Modified on 2/17/2022 (ntl).
Jan 26, 2022 32 Exhibit A (11)
Jan 26, 2022 32 Exhibit B (31)
Jan 25, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Corrected Exhibit C added to D.I. 17 & 20 per request of counsel. (ntl)
Jan 24, 2022 31 Main Document (3)
Docket Text: NOTICE of Subsequent Authority by Azurity Pharmaceuticals, Inc. re (97 in 1:21-cv-01286-LPS) MOTION to Dismiss for Failure to State a Claim (Attachments: # (1) Exhibit 1)(Dellinger, Megan)
Jan 24, 2022 31 Exhibit 1 (11)
Jan 20, 2022 29 Letter (3)
Docket Text: Letter to The Honorable Leonard P. Stark from Megan E. Dellinger regarding scheduling order disputes - re (116 in 1:21-cv-01286-LPS) Letter,. (Dellinger, Megan)
Jan 20, 2022 30 Letter (4)
Docket Text: Letter to The Honorable Leonard P. Stark from John C. Phillips, Jr. regarding Bionpharma's Reply Letter Brief on Scheduling. (Phillips, John)
Jan 19, 2022 27 Letter (5)
Docket Text: Letter to the Honorable Leonard P. Stark from John C. Phillips, Jr. regarding Regarding Scheduling Order Disputes - re (113 in 1:21-cv-01286-LPS, 113 in 1:21-cv-01286-LPS, 24 in 1:21-cv-01455-LPS, 24 in 1:21-cv-01455-LPS) Order,,,,,,,,, Set Hearings,,,,,,,,. (Phillips, John)
Jan 19, 2022 28 Letter (4)
Docket Text: Letter to The Honorable Leonard P. Stark from Megan E. Dellinger regarding scheduling order disputes - re (113 in 1:21-cv-01286-LPS, 113 in 1:21-cv-01286-LPS) Order,,,,,,,,, Set Hearings,,,,,,,,. (Dellinger, Megan)
Jan 18, 2022 26 Main Document (20)
Docket Text: PROPOSED ORDER Proposed Scheduling Order by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Letter to the Honorable Judge Stark)(Dellinger, Megan)
Jan 18, 2022 26 Letter to the Honorable Judge Stark (1)
Jan 17, 2022 25 Main Document (2)
Docket Text: Letter to the Honorable Leonard P. Stark from John C. Phillips, Jr. regarding Development in Florida CoreRx Suit - re (103 in 1:21-cv-01286-LPS, 15 in 1:21-cv-01455-LPS) Letter. (Attachments: # (1) Exhibit A)(Phillips, John)
Jan 17, 2022 25 Exhibit A (5)
Jan 4, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' many recent filings in C.A. No. 21-1286 (see, e.g., D.I. 97-107, 111-12), and mindful of the related case, C.A. No. 21-1455, and the filings therein, IT IS HEREBY ORDERED that: (1) Bionpharma's motion for extension of time (D.I. 99) is DENIED; (2) the parties shall meet and confer and submit a scheduling order, to govern proceedings in both above-referenced actions, no later than January 18, 2022; (3) in the event the parties have any disputes with respect to the scheduling order and/or with respect to consolidation and/or coordination of the two above-referenced actions, they shall file letter briefs according to the following schedule: (a) letter briefs not to exceed three pages per side due January 19, and (b) letter briefs not to exceed two pages per side due January 20; and (4) the Court will hear argument by teleconference on any scheduling disputes (if necessary) and on the pending motions to dismiss (C.A. No. 21-1286 D.I. 97; C.A. No. 21-1455 D.I. 12) on January 28 beginning at 10:00 a.m. - each side will have a total of up to 30 minutes for its argument. The Court finds this is a reasonable and appropriate manner of proceeding with these cases, considering all the circumstances, including the lengthy history of the parties' litigations against one another and the Court's familiarity with the parties and some of the pertinent evidence. The Court believes (for reasons including Defendant's allegations of anticompetitive conduct by Plaintiff, Defendant's suggestions of misuse of the judicial process by Plaintiff and/or Plaintiff's counsel, and the "extensive discovery" Defendant contends it will seek (C.A. No. 21-1286 D.I. 101 at 2)) this is an appropriate set of cases in which to impose a schedule, and begin discovery, notwithstanding the pendency of the motions to dismiss and the fact that Defendant has not yet had to file an answer. Counsel and any interested member of the public may access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 1/4/22. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Jan 3, 2022 23 Request for Oral Argument (1)
Docket Text: REQUEST for Oral Argument by Bionpharma Inc. re (12 in 1:21-cv-01455-LPS) MOTION to Dismiss for Failure to State a Claim , (97 in 1:21-cv-01286-LPS) MOTION to Dismiss for Failure to State a Claim . (Phillips, John)
Dec 30, 2021 22 Reply Brief (18)
Docket Text: REPLY BRIEF re [12] MOTION to Dismiss for Failure to State a Claim filed by Bionpharma Inc.. (Phillips, John)
Dec 28, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re (108 in 1:21-cv-01286-LPS, 19 in 1:21-cv-01455-LPS) STIPULATION TO EXTEND TIME to file Reply Brief in Support of Motion to Dismiss to December 30, 2021 filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 12/28/21. Associated Cases: 1:21-cv-01286-LPS, 1:21-cv-01455-LPS (ntl)
Dec 22, 2021 20 Main Document (19)
Docket Text: REDACTED VERSION of (17 in 1:21-cv-01455-LPS) Answering Brief in Opposition, (106 in 1:21-cv-01286-LPS) Answering Brief in Opposition, by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Exhibits A-E)(Dellinger, Megan) (Attachment 1 replaced on 1/25/2022) (ntl).
Dec 22, 2021 20 Exhibits A-E (193)
Dec 22, 2021 21 Redacted Document (4)
Docket Text: REDACTED VERSION of (107 in 1:21-cv-01286-LPS, 18 in 1:21-cv-01455-LPS) Declaration by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Dec 21, 2021 19 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to file Reply Brief in Support of Motion to Dismiss to December 30, 2021 - filed by Bionpharma Inc.. (Haney, Megan)
Dec 14, 2021 16 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Megan E. Dellinger regarding Florida CoreRX suit - re (103 in 1:21-cv-01286-LPS) Letter. (Dellinger, Megan)
Dec 13, 2021 15 Main Document (3)
Docket Text: Letter to The Honorable Leonard P. Stark from John C. Phillips, Jr. regarding developments in Florida CoreRx suit. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Phillips, John)
Dec 13, 2021 15 Exhibit A (5)
Dec 13, 2021 15 Exhibit B (70)
Dec 6, 2021 12 Main Document (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Bionpharma Inc.. (Attachments: # (1) Text of Proposed Order)(Phillips, John)
Dec 6, 2021 12 Text of Proposed Order (1)
Dec 6, 2021 13 Main Document (20)
Docket Text: OPENING BRIEF in Support re [12] MOTION to Dismiss for Failure to State a Claim filed by Bionpharma Inc..Answering Brief/Response due date per Local Rules is 12/20/2021. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Phillips, John)
Dec 6, 2021 13 Exhibit A (14)
Dec 6, 2021 13 Exhibit B (3)
Dec 6, 2021 14 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Bionpharma Inc.. (Phillips, John)
Nov 22, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [11] STIPULATION TO EXTEND TIME for Bionpharma Inc. to answer, move or otherwise respond to the Complaint to December 6, 2021 filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 11/22/21. (ntl)
Nov 19, 2021 11 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for Bionpharma Inc. to answer, move or otherwise respond to the Complaint to December 6, 2021 - filed by Bionpharma Inc.. (Haney, Megan)
Nov 2, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorneys Andrew M. Alul and Roshan P. Shrestha for Bionpharma 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. (srs)
Nov 1, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [10] STIPULATION TO EXTEND TIME for Bionpharma Inc. to answer, move or otherwise respond to the Complaint to 21 days after the Court rules on Bionpharma's Motion to Dismiss in C.A. No. 21-1286-LPS filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 10/29/21. (ntl)
Nov 1, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [9] MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Alul & Roshan P. Shrestha filed by Bionpharma Inc. Signed by Judge Leonard P. Stark on 11/1/21. (ntl)
Oct 27, 2021 10 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for Bionpharma Inc. to answer, move or otherwise respond to the Complaint to 21 days after the Court rules on Bionpharma's Motion to Dismiss in C.A. No. 21-1286-LPS - filed by Bionpharma Inc.. (Phillips, John)
Oct 26, 2021 9 Main Document (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Alul & Roshan P. Shrestha - filed by Bionpharma Inc.. (Attachments: # (1) Certification of Andrew M. Alul, # (2) Certification of Roshan P. Shrestha)(Haney, Megan)
Oct 26, 2021 9 Certification of Andrew M. Alul (1)
Oct 26, 2021 9 Certification of Roshan P. Shrestha (1)
Oct 21, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [8] MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Kristina M. Hanson, Nicholas Halkowski, Natalie J. Morgan, Evan Sumner, Ty W. Callahan and Granville C. Kaufman filed by Azurity Pharmaceuticals, Inc. Signed by Judge Leonard P. Stark on 10/21/21. (ntl)
Oct 21, 2021 8 Motion for Leave to Appear Pro Hac Vice (9)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Wendy L. Devine, Kristina M. Hanson, Nicholas Halkowski, Natalie J. Morgan, Evan Sumner, Ty W. Callahan and Granville C. Kaufman - filed by Azurity Pharmaceuticals, Inc.. (Dellinger, Megan)
Oct 20, 2021 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms)
Oct 15, 2021 1 Main Document (9)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Bionpharma Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3721715.) - filed by Azurity Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(srs)
Oct 15, 2021 1 Exhibit A (28)
Oct 15, 2021 1 Civil Cover Sheet (2)
Oct 15, 2021 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (srs)
Oct 15, 2021 3 ANDA Form (1)
Docket Text: Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date of Expiration of Patent: 03/25/2036. (srs)
Oct 15, 2021 4 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,141,405 B2. (srs)
Oct 15, 2021 5 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent CutisPharma Intermediate Holdings Inc. for Azurity Pharmaceuticals, Inc. filed by Azurity Pharmaceuticals, Inc.. (srs)
Oct 15, 2021 6 Summons Issued (2)
Docket Text: Summons Issued with Magistrate Consent Notice attached as to Bionpharma Inc. on 10/15/2021. (srs)
Oct 15, 2021 7 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Azurity Pharmaceuticals, Inc.. Bionpharma Inc. served on 10/15/2021, answer due 11/5/2021. (Dellinger, Megan)
Oct 15, 2021 1 Complaint* (1)
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