AbbVie Inc. v. The Kennedy Trust Rheumatology Research

Application Number	Patent Number	External Links
-	US8383120	Espacenet Google Patents

COMPLAINT against The Kennedy Trust Rheumatology Research. (Filing Fee $ 350.00, Receipt Number 465401061343)Document filed by AbbVie Biotechnology Limited, AbbVie Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(jd) (Main Document 1 replaced on 5/31/2013) (jd). (Entered: 03/04/2013)

2013-02-28

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STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd) (Entered: 03/04/2013)

2013-02-28

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NOTICE OF CASE ASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 03/07/2013)

2013-03-07

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STIPULATION FOR EXTENSION OF TIME: Plaintiffs AbbVie Inc. and AbbVie Biotechnology Limited (collectively "AbbVie") and Defendant The Kennedy Trust for Rheumatology Research ("Kennedy"). by and through their respective attorneys, and subject to the Order of the Court, hereby stipulate and agree that the time within which Kennedy may respond to the Complaint is extended through and including May 24, 2013. Nothing herein shall be construed as a waiver by Kennedy of any objections or defense. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/22/2013) (rsh) (Entered: 03/22/2013)

2013-03-22

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NOTICE OF APPEARANCE by Robert Thomas Maldonado on behalf of The Kennedy Trust Rheumatology Research (Maldonado, Robert) (Entered: 04/03/2013)

2013-04-03

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 04/03/2013)

2013-04-03

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NOTICE OF APPEARANCE by Norman H. Zivin on behalf of The Kennedy Trust Rheumatology Research (Zivin, Norman) (Entered: 04/03/2013)

2013-04-03

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NOTICE OF APPEARANCE by John Patrick White on behalf of The Kennedy Trust Rheumatology Research (White, John) (Entered: 04/03/2013)

2013-04-03

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MOTION for Michael Andre Morin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Order Regarding Admission Pro Hac Vice)(Morin, Michael) (Entered: 04/04/2013)

2013-04-04

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MOTION for David Penn Frazier to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388452. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Order Regarding Admission Pro Hac Vice)(Frazier, David) (Entered: 04/04/2013)

2013-04-04

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MOTION for John T. Battaglia to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388498. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Order Regarding Admission Pro Hac Vice)(Battaglia, John) (Entered: 04/04/2013)

2013-04-04

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ORDER granting 9 Motion for Michael Andre Morin to Appear Pro Hac Vice; granting 10 Motion for David Penn Frazier to Appear Pro Hac Vice; granting 11 Motion for John T. Battaglia to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/04/2013)

2013-04-04

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Wayne Mitchell Barsky to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8439151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Maldonado, Robert) Modified on 4/22/2013 (bcu). (Entered: 04/22/2013)

2013-04-22

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Timothy Patrick Best to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8439258. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Maldonado, Robert) Modified on 4/22/2013 (bcu). (Entered: 04/22/2013)

2013-04-22

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MOTION for Wayne Mitchell Barsky to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Maldonado, Robert) (Entered: 04/29/2013)

2013-04-29

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MOTION for Timothy Patrick Best to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Maldonado, Robert) (Entered: 04/29/2013)

2013-04-29

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ORDER granting 15 Motion for Wayne Mitchell Barsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/30/2013)

2013-04-30

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ORDER granting 16 Motion for Timothy Patrick Best to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/30/2013)

2013-04-30

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ENDORSED LETTER addressed to Judge Paul A. Crotty from John P. White dated 5/24/2013 re: Counsel for defendant requests a pre-motion conference on Kennedy's proposed Rule 12(b)(6) Motion for Failure to State a Claim upon which Relief can be Granted, which will dispose of AbbVie's entire case, if granted. ENDORSEMENT: In light of the Court's pending decision in the 11 Civ. 2541 matter, the current action (and all applicable deadlines) are hereby STAYED for 30 days. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/4/2013) (rsh) (Entered: 06/04/2013)

2013-06-04

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Letter addressed to Judge Paul A.Crotty from Michael A. Morin dated 5/30/2013 re: Counsel for Plaintiffs AbbVie Inc. and AbbVie Biotechnology Limited along with predecessors Abbott Laboratories and Abbott Biotechnology Limited in response to the letter submitted on May 24, 2013, by the Defendant (Kennedy requesting a pre-motion conference for its proposed Rule 12(b)(6) motion. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.(rsh) (Entered: 06/04/2013)

2013-06-04

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CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' letter dated August 29, 2013 addressed to Judge Paul A. Crotty from Robert T. Maldonado dated 09/03/2013. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 09/03/2013)

2013-09-03

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ORDER granting 21 Letter Motion for Extension of Time to File Response/Reply re 21 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' letter dated August 29, 2013 addressed to Judge Paul A. Crotty from Robert T. Maldonado dated 09/03/2013. Responses due by 9/6/2013 (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 09/03/2013)

2013-09-03

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LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated September 6, 2013 re: Response to AbbVie's August 29, 2013 Letter. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 09/06/2013)

2013-09-06

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MEMO ENDORSEMENT on re: 23 Letter filed by The Kennedy Trust Rheumatology Research. ENDORSEMENT: The *proposed briefing schedule is adopted. (Brief due by 10/16/2013., Responses due by 11/18/2013, Replies due by 12/5/2013.) (Signed by Judge Paul A. Crotty on 9/23/2013) (rsh) (Entered: 09/23/2013)

2013-09-23

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LETTER MOTION for Conference for Proposed Motion To Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) addressed to Judge Paul A. Crotty from John P. White dated September 24, 2013. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 09/24/2013)

2013-09-24

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STIPULATION AND ORDER: Defendant The Kennedy Trust for Rheumatology Research ("Kennedy") and Plaintiffs AbbVie Inc. and AbbVie Biotechnology Limited (collectively "AbbVie"), by their undersigned counsel. hereby stipulate and agree. as follows: l. In this Action, AbbVie seeks. a declaratory judgment that all claim. (claims 1-30) of Kennedy's U.S. Parent No. 8.298,537 ("the '537 patent") and all claims (claims 1-19) of U.S. Patent No. 8.383.120 ("the' 120 patent") are invalid. 2. The parties agree that certain claims of the '537 patent and the '120 patent are not relevant to adalimumab. 3.AbbVie will withdraw. its request for declaratory judgment relief pertaining to claims 1320.25. 26 and 2S-30 of the '537 patent. The parties each: a) agree not to seek any relief with respect to these claims; and b) agree that any order or judgment in this matter should be silent with respect to these claims. All other provisions as set forth in this Stipulation and order (Signed by Judge Paul A. Crotty on 10/3/2013) (js) Modified on 10/3/2013 (js). (Entered: 10/03/2013)

2013-10-03

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MOTION for Summary Judgment. Document filed by AbbVie Inc..(Shehigian, Grant) (Entered: 10/16/2013)

2013-10-16

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MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Attachments: # 1 Appendix A)(Shehigian, Grant) (Entered: 10/16/2013)

2013-10-16

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DECLARATION of Grant A. Shehigian in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie 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)(Shehigian, Grant) (Entered: 10/16/2013)

2013-10-16

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RULE 56.1 STATEMENT. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 10/16/2013)

2013-10-16

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MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. Document filed by The Kennedy Trust Rheumatology Research. Responses due by 11/27/2013 (Attachments: # 1 Text of Proposed Order Order Granting Motion To Dismiss (Proposed))(Maldonado, Robert) (Entered: 10/28/2013)

2013-10-28

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MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 10/28/2013)

2013-10-28

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STIPULATION OF DISMISSAL OF COUNT I OF THE COMPLAINT: NOW THEREFORE, this 17th day of October, 2013, the parties their undersigned counsel, hereby stipulate and agree, as follows: 1. Kennedy unconditionally, unequivocally and irrevocably promises and covenants not to assert (by lawsuit, arbitration, or otherwise) any claim of infringement against AbbVie or its Affiliates, their direct or indirect customers, users, licensees, service providers, distributors, retailers, or any other party receiving or involved in the production, import, export, offering, keeping, promotion or sale of Humira, nor any right to past or future royalties from AbbVie or its Affiliates, their direct or indirect customers, users, licensees, service providers, distributors, retailers, or any other party receiving or involved in the production, import, export, offering, keeping, promotion or sale of Humira, based upon any claim of the '537 patent as originally issued, or any future claim that is the same as or "substantially identical" thereto, only to the extent that any such claim of infringement is based upon making, using, importing, offering for sale and/or selling Humira. For the purposes of this covenant by Kennedy, the phrase "substantially identical" has the same meaning as it does in 35 U.S.C. § 252. 2. For purposes of this stipulation, Affiliates means any legal entity that controls, is controlled by, or is under common control with AbbVie. For the purpose of this definition, "control" (including, with correlative meaning, the terms "controlled by" and "under common control") means the actual power, either directly or indirectly through one or more intermediaries, to direct or cause the direction of the management and policies of such legal entity, by the ownership (direct or indirect) of more than fifty percent (50%) of the voting stock of such legal entity. 3. In consideration of the foregoing covenant, AbbVie stipulates and agrees to voluntarily dismiss without prejudice Count I of the Complaint in this action, which seeks a declaratory judgment of invalidity of the '537 patent. 4. This stipulation shall have no bearing on Count II of the Complaint in this action, which seeks a declaratory judgment of invalidity of the '120 patent. (Signed by Judge Paul A. Crotty on 11/4/2013) (rsh) (Entered: 11/04/2013)

2013-11-04

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appear Pro Hac Vice for Cora R. Holt. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Text of Proposed Order)(Holt, Cora) Modified on 11/25/2013 (bcu). (Entered: 11/25/2013)

2013-11-25

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MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 11/27/2013)

2013-11-27

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DECLARATION of Grant A. Shehigian in Opposition re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by AbbVie Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Shehigian, Grant) (Entered: 11/27/2013)

2013-11-27

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NOTICE OF APPEARANCE by Wayne M. Barsky on behalf of The Kennedy Trust Rheumatology Research. (Barsky, Wayne) (Entered: 12/02/2013)

2013-12-02

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NOTICE OF APPEARANCE by Timothy P. Best on behalf of The Kennedy Trust Rheumatology Research. (Best, Timothy) (Entered: 12/02/2013)

2013-12-02

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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - CONSENT MOTION for Leave to File Declaration Under Seal. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) Modified on 12/6/2013 (db). (Entered: 12/05/2013)

2013-12-05

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AMENDED MOTION to Appear Pro Hac Vice for Cora R. Holt. Filing fee $ 200.00, receipt number 0208-9146438. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Proposed Order)(Holt, Cora) (Entered: 12/05/2013)

2013-12-05

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MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment.. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Appendix A: Claim Comparison)(Maldonado, Robert) (Entered: 12/05/2013)

2013-12-05

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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: 27 MOTION for Summary Judgment. Response to AbbVie's Rule 56.1 Statement of Material Facts and Kennedy's Statement of Material Facts. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) Modified on 12/6/2013 (db). (Entered: 12/05/2013)

2013-12-05

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DECLARATION of Robert T. Maldonado in Opposition re: 27 MOTION for Summary Judgment.. Document filed by The Kennedy Trust Rheumatology Research. (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 (1 of 5), # 10 Exhibit 9 (2 of 5), # 11 Exhibit 9 (3 of 5), # 12 Exhibit 9 (4 of 5), # 13 Exhibit 9 (5 of 5), # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit Certificate of Service)(Maldonado, Robert) (Entered: 12/05/2013)

2013-12-05

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COUNTER STATEMENT TO 30 Rule 56.1 Statement. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 12/06/2013)

2013-12-06

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ORDER granting 39 Motion for Leave to File Document (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 12/06/2013)

2013-12-06

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ORDER granting 40 Motion for Cora R. Holt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 12/06/2013)

2013-12-06

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SEALED DOCUMENT placed in vault.(mps) (Entered: 12/06/2013)

2013-12-06

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NOTICE of Withdrawal of John T. Battaglia. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/09/2013)

2013-12-09

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REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 12/13/2013)

2013-12-13

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DECLARATION of Timothy Best in Support re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Maldonado, Robert) (Entered: 12/13/2013)

2013-12-13

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REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/23/2013)

2013-12-23

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DECLARATION of Grant A. Shehigian in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15)(Shehigian, Grant) (Entered: 12/23/2013)

2013-12-23

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RULE 56.1 STATEMENT. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/23/2013)

2013-12-23

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LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated May 5, 2014 re: June 10th Hearing. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 05/05/2014)

2014-05-05

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LETTER addressed to Judge Paul A. Crotty from Michael A. Morin, Counsel for Plaintiffs, dated May 7, 2014 re: Response to Defendant's May 5, 2014 Letter. Document filed by AbbVie Biotechnology Limited, AbbVie Inc..(Shehigian, Grant) (Entered: 05/07/2014)

2014-05-07

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LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated May 12, 2014 re: Response to AbbVie's Letter dated May 7, 2014 (Dkt. 55). Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 05/12/2014)

2014-05-12

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MEMORANDUM & ORDER denying 31 Motion to Dismiss: For the foregoing reasons, Kennedy's motion to dismiss the complaint is DENIED. The Clerk of Court is directed to terminate the motion at Docket No. 31. Abbvie's motion for summary judgment remains pending and is scheduled for oral argument on Tuesday, June 10, 2014, at 3:30 PM. (Signed by Judge Paul A. Crotty on 6/2/2014) (tn) (Entered: 06/02/2014)

2014-06-02

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LETTER addressed to Judge Paul A. Crotty from Grant A. Shehigian, Co-Counsel for Plaintiffs, dated June 4, 2014 re: Plaintiffs' Request to Bring Computing Device into Courthouse. Document filed by AbbVie Biotechnology Limited, AbbVie Inc.. (Attachments: # 1 Standard Form of Order)(Shehigian, Grant) (Entered: 06/04/2014)

2014-06-04

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LETTER addressed to Judge Paul A. Crotty from Robert T. Maldonado, counsel for defendant dated June 5, 2014 re: Defendant's Request to Bring Computing Devices into Courthouse. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Text of Proposed Order (Standard Order))(Maldonado, Robert) (Entered: 06/05/2014)

2014-06-05

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STIPULATION FOR EXTENSION OF TIME: that the time within which Kennedy may serve an answer to the Complaint is extended through and includes the day 28 days after the Court issues its decision on AbbVie's motion for summary judgment (Dkt. #27). Nothing herein shall be construed as a waiver by Kennedy of any objections or defense. (Signed by Judge Paul A. Crotty on 6/17/2014) (tn) (Entered: 06/17/2014)

2014-06-17

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TRANSCRIPT of Proceedings re: ARGUMENT held on 6/10/2014 before Judge Paul A. Crotty. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or 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 7/21/2014. Redacted Transcript Deadline set for 7/31/2014. Release of Transcript Restriction set for 9/26/2014.(Rodriguez, Somari) (Entered: 06/25/2014)

2014-06-25

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/10/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 06/25/2014)

2014-06-25

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OPINION & ORDER re: 27 MOTION for Summary Judgment filed by AbbVie Inc.: For the foregoing reasons, the Court GRANTS Plaintiffs' motion for summary judgment. The Clerk of Court is directed to enter judgment declaring that claims 1-2, 6-8, 12-14, and 18-19 of U.S. Patent No. 8,383,120 are invalid and to close this case. (Signed by Judge Paul A. Crotty on 7/9/2014) (tn) (Entered: 07/09/2014)

2014-07-09

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CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated July 9, 2014, Plaintiffs' motion for summary judgment is granted and the Clerk of Court is directed to enter judgment declaring that claims 1-2, 6-8, 12-14, and 18-19 of U.S. Patent No. 8,383,120 are invalid; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 07/09/2014) (Attachments: # 1 Right to Appeal, # 2 Right to Apeal)(km) (Entered: 07/09/2014)

2014-07-09

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FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT. Form 7 and Form 22 are due within 14 days. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) Modified on 7/24/2014 (nd). (Entered: 07/24/2014)

2014-07-24

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NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 63 Memorandum & Opinion,. Form 7 and Form 22 are due within 14 days. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 07/24/2014)

2014-07-24

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TRANSCRIPT REQUEST FORM 22 for a Argument proceeding held on 06/10/2014 before Judge Paul A. Crotty Document filed by The Kennedy Trust Rheumatology Research. Transcript due by 8/21/2014. (nd) (Entered: 08/11/2014)

2014-08-07

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TRUE COPY ORDER of USCA for the Federal Circuit as to 66 Notice of Appeal to the Federal Circuit filed by The Kennedy Trust Rheumatology Research USCA Case Number 14-1672. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Certified: 04/08/2015. (Attachments: # 1 Notice of Entry of Judgment w/o Opinion)(nd) (Entered: 04/08/2015)

2015-04-08

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MANDATE of USCA for the Federal Circuit(Certified Copy) as to 66 Notice of Appeal to the Federal Circuit filed by The Kennedy Trust Rheumatology Research. USCA Case Number 14-1672. In accordance with the judgment ( 68 USCA Order) of this Court, entered April 8, 2015, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Issued As Mandate: 05/15/2015. (nd) (Entered: 05/15/2015)

2015-05-15

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Overview

Parties

Defendant

The Kennedy Trust Rheumatology Research Follow

Represented By

AbbVie Inc. Follow

Represented By

Counter Defendant

AbbVie Biotechnology Limited Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

NOTICE OF CASE ASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 03/07/2013)

NOTICE OF APPEARANCE by Robert Thomas Maldonado on behalf of The Kennedy Trust Rheumatology Research (Maldonado, Robert) (Entered: 04/03/2013)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 04/03/2013)

NOTICE OF APPEARANCE by Norman H. Zivin on behalf of The Kennedy Trust Rheumatology Research (Zivin, Norman) (Entered: 04/03/2013)

NOTICE OF APPEARANCE by John Patrick White on behalf of The Kennedy Trust Rheumatology Research (White, John) (Entered: 04/03/2013)

ORDER granting 9 Motion for Michael Andre Morin to Appear Pro Hac Vice; granting 10 Motion for David Penn Frazier to Appear Pro Hac Vice; granting 11 Motion for John T. Battaglia to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/04/2013)

ORDER granting 15 Motion for Wayne Mitchell Barsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/30/2013)

ORDER granting 16 Motion for Timothy Patrick Best to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/30/2013)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' letter dated August 29, 2013 addressed to Judge Paul A. Crotty from Robert T. Maldonado dated 09/03/2013. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 09/03/2013)

LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated September 6, 2013 re: Response to AbbVie's August 29, 2013 Letter. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 09/06/2013)

MEMO ENDORSEMENT on re: 23 Letter filed by The Kennedy Trust Rheumatology Research. ENDORSEMENT: The *proposed briefing schedule is adopted. (Brief due by 10/16/2013., Responses due by 11/18/2013, Replies due by 12/5/2013.) (Signed by Judge Paul A. Crotty on 9/23/2013) (rsh) (Entered: 09/23/2013)

MOTION for Summary Judgment. Document filed by AbbVie Inc..(Shehigian, Grant) (Entered: 10/16/2013)

MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Attachments: # 1 Appendix A)(Shehigian, Grant) (Entered: 10/16/2013)

RULE 56.1 STATEMENT. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 10/16/2013)

MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P.. MOTION to Dismiss For Failure to State a Claim, Pursuant To Rule 12(b)(6), Fed.R.Civ.P... Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 11/27/2013)

NOTICE OF APPEARANCE by Wayne M. Barsky on behalf of The Kennedy Trust Rheumatology Research. (Barsky, Wayne) (Entered: 12/02/2013)

NOTICE OF APPEARANCE by Timothy P. Best on behalf of The Kennedy Trust Rheumatology Research. (Best, Timothy) (Entered: 12/02/2013)

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - CONSENT MOTION for Leave to File Declaration Under Seal. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) Modified on 12/6/2013 (db). (Entered: 12/05/2013)

MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment.. Document filed by The Kennedy Trust Rheumatology Research. (Attachments: # 1 Appendix A: Claim Comparison)(Maldonado, Robert) (Entered: 12/05/2013)

COUNTER STATEMENT TO 30 Rule 56.1 Statement. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 12/06/2013)

ORDER granting 39 Motion for Leave to File Document (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 12/06/2013)

ORDER granting 40 Motion for Cora R. Holt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 12/06/2013)

SEALED DOCUMENT placed in vault.(mps) (Entered: 12/06/2013)

NOTICE of Withdrawal of John T. Battaglia. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/09/2013)

REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/23/2013)

DECLARATION of Grant A. Shehigian in Support re: 27 MOTION for Summary Judgment.. Document filed by AbbVie Inc.. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15)(Shehigian, Grant) (Entered: 12/23/2013)

RULE 56.1 STATEMENT. Document filed by AbbVie Inc.. (Shehigian, Grant) (Entered: 12/23/2013)

LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated May 5, 2014 re: June 10th Hearing. Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 05/05/2014)

LETTER addressed to Judge Paul A. Crotty from Michael A. Morin, Counsel for Plaintiffs, dated May 7, 2014 re: Response to Defendant's May 5, 2014 Letter. Document filed by AbbVie Biotechnology Limited, AbbVie Inc..(Shehigian, Grant) (Entered: 05/07/2014)

LETTER addressed to Judge Paul A. Crotty from Wayne Barsky dated May 12, 2014 re: Response to AbbVie's Letter dated May 7, 2014 (Dkt. 55). Document filed by The Kennedy Trust Rheumatology Research.(Maldonado, Robert) (Entered: 05/12/2014)

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT. Form 7 and Form 22 are due within 14 days. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) Modified on 7/24/2014 (nd). (Entered: 07/24/2014)

NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 63 Memorandum & Opinion,. Form 7 and Form 22 are due within 14 days. Document filed by The Kennedy Trust Rheumatology Research. (Maldonado, Robert) (Entered: 07/24/2014)

TRANSCRIPT REQUEST FORM 22 for a Argument proceeding held on 06/10/2014 before Judge Paul A. Crotty Document filed by The Kennedy Trust Rheumatology Research. Transcript due by 8/21/2014. (nd) (Entered: 08/11/2014)

Track Case Updates

The Kennedy Trust Rheumatology Research

AbbVie Inc.

AbbVie Biotechnology Limited