Allergan, Inc. v. DEVA Holding A.S.

2:16-cv-01447

Overview

Case Number 2:16-cv-01447

Filing Date 2016-12-22

Status Terminated

Termination Date 2019-04-30

Court District Court, E.D. Texas (txed)

Presiding Judge William C. Bryson

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

DEVA Holding A.S.

Represented By

5 Attorneys Listed

Jennifer Parker Ainsworth

Wilson Robertson & Cornelius PC

Tel: +1 (903) 509-5000

Fax: +1 (903) 509-5092

One American Center, 909 ESE Loop 323, Suite 400

Shashank Upadhye

Amin Talati & Upadhye LLC

Tel: +1 (312) 466-1033

Fax: +1 (312) 884-7352

Amin Talati & Upadhye LLC, 100 S. Wacker Drive, Suite 2000

Erin R Conway

Amin Talati & Upadhye LLC

Tel: +1 (312) 784-1053

Amin Talati & Upadhye LLC, 100 S. Wacker Drive, Suite 2000

Adam D Sussman

Amin Talati & Upadhye LLC

Tel: +1 (312) 784-1051

Fax: +1 (312) 884-7352

Amin Talati & Upadhye LLC, 100 S Wacker Drive

Joseph E Cwik

Amin Talati & Upadhye LLC

Tel: +1 (312) 466-1033

Fax: +1 (312) 884-7352

Amin Talati & Upadhye LLC, 100 S. Wacker Drive, Suite 2000

Allergan, Inc.

Represented By

8 Attorneys Listed

Susan E Morrison

Fish & Richardson P.C. - Wilmington

Tel: +1 (302) 778-8434

Fax: +1 (302) 652-0607

222 Delaware Avenue, 17th Floor, P O Box 1114

Joseph Anthony Herriges

Fish & Richardson - Minneapolis

Tel: +1 (612) 335-5070

Fax: +1 (612) 288-9696

Fish & Richardson - Minneapolis, 60 South Sixth Street

John Wesley Samples

John Wesley Samples Attorney at Law - Arlington

Tel: +1 (503) 610-3623

PO Box 17247, Arlington, VA 22216

Deanna Jean Reichel

Fish & Richardson - Minneapolis

Tel: +1 (612) 335-5070

Fax: +1 (612) 288-9696

Fish & Richardson - Minneapolis, 60 South Sixth Street

Jonathan Elliot Singer

Fish & Richardson - San Diego

Tel: +1 (858) 678-5070

Fax: +1 (858) 678-5099

Fish & Richardson - San Diego, 12390 El Camino Real

Jack Wesley Hill

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Parkway, Longview, TX 75604

Claire Abernathy Henry

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Parkway, Longview, TX 75604

Andrea Leigh Fair

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Parkway, Longview, TX 75604

Mediator

David Folsom

Represented By

0 Attorneys Listed

No attorneys available

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

William C. Bryson

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against DEVA Holding A.S. ( Filing fee $ 400 receipt number 0540-6084503.), filed by Allergan, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - '111 Patent, # 3 Exhibit 2 - '162 Patent, # 4 Exhibit 3 - '556 Patent, # 5 Exhibit 4 - '048 Patent, # 6 Exhibit 5 - '930 Patent, # 7 Exhibit 6 - '191 Patent)(Hill, Jack) (Entered: 12/22/2016)

2016-12-22

View

COMPLAINT against DEVA Holding A.S. ( Filing fee $ 400 receipt number 0540-6084503.), filed by Allergan, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - '111 Patent, # 3 Exhibit 2 - '162 Patent, # 4 Exhibit 3 - '556 Patent, # 5 Exhibit 4 - '048 Patent, # 6 Exhibit 5 - '930 Patent, # 7 Exhibit 6 - '191 Patent)(Hill, Jack) (Entered: 12/22/2016)

2016-12-22

View

COMPLAINT against DEVA Holding A.S. ( Filing fee $ 400 receipt number 0540-6084503.), filed by Allergan, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - '111 Patent, # 3 Exhibit 2 - '162 Patent, # 4 Exhibit 3 - '556 Patent, # 5 Exhibit 4 - '048 Patent, # 6 Exhibit 5 - '930 Patent, # 7 Exhibit 6 - '191 Patent)(Hill, Jack) (Entered: 12/22/2016)

2016-12-22

View

COMPLAINT against DEVA Holding A.S. ( Filing fee $ 400 receipt number 0540-6084503.), filed by Allergan, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - '111 Patent, # 3 Exhibit 2 - '162 Patent, # 4 Exhibit 3 - '556 Patent, # 5 Exhibit 4 - '048 Patent, # 6 Exhibit 5 - '930 Patent, # 7 Exhibit 6 - '191 Patent)(Hill, Jack) (Entered: 12/22/2016)

2016-12-22

View

Allergan, Inc. v. DEVA Holding A.S.

Overview

Parties

Defendant

DEVA Holding A.S. Follow

Represented By

Allergan, Inc. Follow

Represented By

Mediator

David Folsom Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CORPORATE DISCLOSURE STATEMENT filed by Allergan, Inc. identifying Corporate Parent Allergan plc for Allergan, Inc.. (Hill, Jack) (Entered: 12/22/2016)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Hill, Jack) (Entered: 12/22/2016)

NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of Allergan, Inc. (Henry, Claire) (Entered: 12/22/2016)

NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Allergan, Inc. (Fair, Andrea) (Entered: 12/22/2016)

****VACATED PER 48 ORDER**** ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Robert W. Schroeder, III on 12/22/2016. (ch, ) Modified on 11/15/2017 (slo, ). (Entered: 12/22/2016)

Case assigned to Judge Robert W. Schroeder, III. (ch, )

Notice of Magistrate Availability

Case Assigned/Reassigned

NOTICE of Attorney Appearance by Joseph Anthony Herriges on behalf of Allergan, Inc. (Herriges, Joseph) (Entered: 12/30/2016)

NOTICE of Attorney Appearance by Jonathan Elliot Singer on behalf of Allergan, Inc. (Singer, Jonathan) (Entered: 12/30/2016)

NOTICE of Attorney Appearance by Susan M Coletti on behalf of Allergan, Inc. (Coletti, Susan) (Entered: 01/03/2017)

NOTICE of Attorney Appearance by Deanna Jean Reichel on behalf of Allergan, Inc. (Reichel, Deanna) (Entered: 01/03/2017)

WAIVER OF SERVICE Returned Executed by Allergan, Inc.. DEVA Holding A.S. waiver sent on 12/22/2016, answer due 2/20/2017. (ch, ) (Entered: 01/10/2017)

NOTICE of Attorney Appearance - Pro Hac Vice by Adam D Sussman on behalf of DEVA Holding A.S.. Filing fee $ 100, receipt number 0540-6124526. (Sussman, Adam) (Entered: 01/24/2017)

NOTICE of Attorney Appearance - Pro Hac Vice by Joseph E Cwik on behalf of DEVA Holding A.S.. Filing fee $ 100, receipt number 0540-6140526. (Cwik, Joseph) (Entered: 02/03/2017)

NOTICE of Attorney Appearance - Pro Hac Vice by Shashank Upadhye on behalf of DEVA Holding A.S. Filing fee paid, $100.00, Receipt No. 0540-6140540 (dlc, ) (Entered: 02/06/2017)

ANSWER to 1 Complaint,, COUNTERCLAIM against Allergan, Inc. by DEVA Holding A.S..(Ainsworth, Jennifer) (Entered: 02/20/2017)

CORPORATE DISCLOSURE STATEMENT filed by DEVA Holding A.S. identifying Corporate Parent EastPharma Ltd. for DEVA Holding A.S.. (Ainsworth, Jennifer) (Entered: 02/20/2017)

Notice of Magistrate Availability

***FILED IN ERROR***NOTICE of Attorney Appearance - Pro Hac Vice by Adam D Sussman on behalf of All Defendants. Filing fee $ 100, receipt number 0540-6173098. (Sussman, Adam) Modified on 2/24/2017 (ch, ). (Entered: 02/24/2017)

NOTICE of Attorney Appearance -PHV (CORRECTED) by Erin R Conway on behalf of All Defendants (PHV Filing fee paid-see receipt payment-Doc #17) (Conway, Erin) Modified on 2/27/2017 (sm, ). (Entered: 02/24/2017)

***FILED IN ERROR. ATTORNEY WILL REFILE Document # 17, Notice of Appearance PHV. PLEASE IGNORE.*** (ch, )

Notice of Docket Correction

Notice of Docket Correction

Plaintiff's ANSWER to 15 Answer to Complaint, Counterclaim by Allergan, Inc..(Herriges, Joseph) (Entered: 03/13/2017)

First MOTION to Stay Pending Inter Partes Review by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order)(Conway, Erin) (Entered: 03/28/2017)

RESPONSE in Opposition re 20 First MOTION to Stay Pending Inter Partes Review filed by Allergan, Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of Joseph Herriges, # 3 Exhibit A, # 4 Exhibit B)(Herriges, Joseph) (Entered: 04/11/2017)

REPLY to Response to Motion re 20 First MOTION to Stay Pending Inter Partes Review filed by DEVA Holding A.S. . (Conway, Erin) (Entered: 04/18/2017)

SUR-REPLY to Reply to Response to Motion re 20 First MOTION to Stay Pending Inter Partes Review filed by Allergan, Inc.. (Herriges, Joseph) (Entered: 04/25/2017)

ORDER - Scheduling Conference set for 7/19/2017 10:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 6/15/2017. (ch, ) (Entered: 06/16/2017)

AMENDED ORDER - Scheduling Conference set for 7/19/2017 10:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 6/22/2017. (ch, ) (Entered: 06/22/2017)

Scheduling Conference

Scheduling Conference

JOINT NOTICE of Designation of Mediator, Judge David Folsom (ret.), filed by Allergan, Inc.. (Morrison, Susan) (Entered: 07/24/2017)

Joint MOTION Regarding Deadline to Join Additional Parties by Allergan, Inc.. (Attachments: # 1 Text of Proposed Order)(Herriges, Joseph) (Entered: 07/25/2017)

ORDER granting 28 Joint Motion Regarding the Deadline to join additional parties. Deadline is 8/4/2017. Signed by Magistrate Judge Roy S. Payne on 7/26/2017. (ch, ) (Entered: 07/26/2017)

NOTICE by Allergan, Inc. of Compliance with P.R. 3-8(b) (Herriges, Joseph) (Entered: 07/26/2017)

ORDER denying without prejudice 20 Motion to Stay. Signed by Magistrate Judge Roy S. Payne on 7/28/2017. (ch, ) (Entered: 07/28/2017)

Joint MOTION Enter Agreed Proposed Discovery Order by Allergan, Inc.. (Herriges, Joseph) (Additional attachment(s) added on 8/3/2017: # 1 Text of Proposed Order) (sm, ). (Entered: 08/02/2017)

***FILED IN ERROR, PLEASE IGNORE***Submission of Proposed Agreed Discovery order by Allergan, Inc. . (Herriges, Joseph) Modified on 8/3/2017 (sm, ). (Entered: 08/02/2017)

Joint MOTION enter Proposed Docket Control Order by Allergan, Inc.. (Herriges, Joseph) (Additional attachment(s) added on 8/3/2017: # 1 Text of Proposed Order) (sm, ). (Entered: 08/02/2017)

***FILED IN ERROR, PLEASE IGNORE***Submission of Proposed Agreed Docket Control/Scheduling order by Allergan, Inc. . (Herriges, Joseph) Modified on 8/3/2017 (sm, ). (Entered: 08/02/2017)

NOTICE of Discovery Disclosure by DEVA Holding A.S. (P.R. 3-8(c) and (d), and P.R. 3-4) (Ainsworth, Jennifer) (Entered: 08/02/2017)

Notice of Docket Correction

***FILED IN ERROR, PER ATTORNEY, These orders have been attached to related motion by Clerk. Document # 33 and #35, Submission of Agreed Order. PLEASE IGNORE.*** (sm, )

DISCOVERY ORDER granting 32 Motion for Entry of Discovery Order. Signed by Magistrate Judge Roy S. Payne on 8/7/2017. (ch, ) (Entered: 08/08/2017)

NOTICE by Allergan, Inc. of Initial and Additional Disclosures (Herriges, Joseph) (Entered: 08/09/2017)

Joint MOTION for Protective Order by Allergan, Inc.. (Attachments: # 1 Stipulated Protective Order)(Herriges, Joseph) (Entered: 08/09/2017)

NOTICE of Discovery Disclosure by DEVA Holding A.S. Initial and Additional Disclosures (Conway, Erin) (Entered: 08/09/2017)

STIPULATED PROTECTIVE ORDER - granting 40 Motion for Protective Order. Signed by Magistrate Judge Roy S. Payne on 8/11/2017. (ch, ) (Entered: 08/11/2017)

***DEFICIENT DOCUMENT, PLEASE IGNORE***NOTICE (Letter to Judges Schroeder and Payne Regarding Patent Assignment) by Allergan, Inc. (Morrison, Susan) Modified on 9/8/2017 (sm, ). (Entered: 09/08/2017)

NOTICE by Allergan, Inc. of Correspondence with Court (Attachments: # 1 Letter)(Morrison, Susan) (Entered: 09/08/2017)

Notice of Deficiency

NOTICE of DEFICIENCY regarding the #43 Notice submitted by Allergan, Inc.. Not in proper pleading format and no certificate of service was included. Correction should be made by 1 business day and refiled. (sm, )

NOTICE of Attorney Appearance by John Wesley Samples on behalf of Allergan, Inc. (Samples, John) (Entered: 09/13/2017)

NOTICE by Allergan, Inc. of Compliance Regarding Infringement Contentions Pursuant to P. R. 3-8(e) on DEVA Holdings, A.S. (Samples, John) (Entered: 09/14/2017)

Joint MOTION for Entry of Stipulation Regarding Claim Construction by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer) (Entered: 11/10/2017)

ORDER granting 47 Joint MOTION for Entry of Stipulation Regarding Claim Construction. Signed by Judge William C. Bryson on 12/8/17. (ch, ) (Entered: 12/08/2017)

Joint MOTION for Entry of Stipulated Order by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer) (Entered: 02/22/2018)

Unopposed MOTION Requesting Termination of the 30-Month Stay of FDA Approval and Memorandum of Law in Support Thereof by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer) (Entered: 05/30/2018)

Unopposed MOTION Requesting Termination of the 30-Month Stay of FDA Approval and Memorandum of Law in Support Thereof by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer) (Entered: 05/30/2018)

ORDER denying 52 Motion Requesting Termination of the 30-Month Stay of FDA Approval and Memorandum of Law in Support Thereof. Signed by Judge William C. Bryson on 5/31/2018. (nkl, ) (Entered: 06/04/2018)

STATUS REPORT on behalf of all Parties by DEVA Holding A.S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Conway, Erin) (Entered: 04/09/2019)

Opposed MOTION for Entry of Judgment under Rule 54(b) by DEVA Holding A.S.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Erin R. Conway, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Conway, Erin) (Entered: 04/09/2019)

Unopposed MOTION to Withdraw as Attorney J. Wesley Samples by Allergan, Inc.. (Attachments: # 1 Text of Proposed Order)(Samples, John) (Entered: 04/30/2019)

ORDER granting 56 Motion to Withdraw as Attorney. Attorney John Wesley Samples terminated Signed by Judge William C. Bryson on 04/30/2019. (klc, ) (Entered: 04/30/2019)

DEVA Holding A.S.

Allergan, Inc.

David Folsom

VACATED PER 48 ORDER ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Robert W. Schroeder, III on 12/22/2016. (ch, ) Modified on 11/15/2017 (slo, ). (Entered: 12/22/2016)

FILED IN ERRORNOTICE of Attorney Appearance - Pro Hac Vice by Adam D Sussman on behalf of All Defendants. Filing fee $ 100, receipt number 0540-6173098. (Sussman, Adam) Modified on 2/24/2017 (ch, ). (Entered: 02/24/2017)

FILED IN ERROR. ATTORNEY WILL REFILE Document # 17, Notice of Appearance PHV. PLEASE IGNORE. (ch, )

FILED IN ERROR, PLEASE IGNORESubmission of Proposed Agreed Discovery order by Allergan, Inc. . (Herriges, Joseph) Modified on 8/3/2017 (sm, ). (Entered: 08/02/2017)

FILED IN ERROR, PLEASE IGNORESubmission of Proposed Agreed Docket Control/Scheduling order by Allergan, Inc. . (Herriges, Joseph) Modified on 8/3/2017 (sm, ). (Entered: 08/02/2017)

FILED IN ERROR, PER ATTORNEY, These orders have been attached to related motion by Clerk. Document # 33 and #35, Submission of Agreed Order. PLEASE IGNORE. (sm, )

DEFICIENT DOCUMENT, PLEASE IGNORENOTICE (Letter to Judges Schroeder and Payne Regarding Patent Assignment) by Allergan, Inc. (Morrison, Susan) Modified on 9/8/2017 (sm, ). (Entered: 09/08/2017)