Altaire Pharmaceuticals, Inc. v. Paragon BioTeck, Inc.

COMPLAINT against Paragon BioTeck, Inc. filing fee $ 400, receipt number 0207-9419289 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N) (Autuoro, Michael) (Entered: 04/03/2017)

2017-04-03

1

View

Corporate Disclosure Statement by Altaire Pharmaceuticals, Inc. (Autuoro, Michael) (Entered: 04/03/2017)

2017-04-03

1

View

Summons Issued as to Paragon BioTeck, Inc.. (Bowens, Priscilla) (Entered: 04/04/2017)

2017-04-03

1

View

Case assigned to Judge William F. Kuntz, II and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

2017-04-03

1

No Actions

This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla)

2017-04-03

1

No Actions

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Additionally, case is reassigned to Office Code 1: Brooklyn as per civil cover sheet Rule 50.1(d)(2). (Rodin, Deanna) (Entered: 04/04/2017)

2017-04-04

1

View

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 04/04/2017)

2017-04-04

1

View

Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 04/04/2017)

2017-04-04

1

View

Notice of Patent Case

2017-04-04

1

No Actions

NOTICE of Appearance by Craig Eldon Bolton on behalf of Paragon BioTeck, Inc. (aty to be noticed) (Bolton, Craig) (Entered: 04/14/2017)

2017-04-14

1

View

Letter MOTION for Extension of Time to File Answer by Paragon BioTeck, Inc.. (Bolton, Craig) (Entered: 04/14/2017)

2017-04-14

1

View

ORDER granting 8 Motion for Extension of Time to Answer as to Paragon BioTeck, Inc. Defendant's deadline to answer the Complaint or otherwise move is extended to 5/30/2017. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 6/6/2017 at 10:30 AM before Magistrate Judge Scanlon in Courtroom 504 North. Plaintiffs' counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 6/2/2017. Ordered by Magistrate Judge Vera M. Scanlon on 4/17/2017. (Quinlan, Krista) (Entered: 04/17/2017)

2017-04-17

1

View

SUMMONS Returned Executed by Altaire Pharmaceuticals, Inc., Assad Sawaya. Paragon BioTeck, Inc. served on 4/6/2017, answer due 5/30/2017. (Autuoro, Michael) (Entered: 04/17/2017)

2017-04-17

1

View

Letter respectfully requesting a pre-motion conference by Paragon BioTeck, Inc. (Attachments: # 1 Exhibit A - Petition, # 2 Exhibit B - Final Decision, # 3 Exhibit C - Declaration) (Bolton, Craig) (Entered: 05/30/2017)

2017-05-30

1

View

NOTICE by Paragon BioTeck, Inc. Notice of Application of Mandatory Statutory Stay (Bolton, Craig) (Entered: 06/01/2017)

2017-06-01

1

View

SCHEDULING ORDER: Defendant Paragon BioTeck, Inc.'s request for a pre-motion conference, Dkt. 11, is hereby granted. The parties are ordered to appear for the conference on June 27, 2017, at 1:00 P.M. in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 6/1/2017. (Harris, Emily)

2017-06-01

1

No Actions

Scheduling Order

2017-06-01

1

No Actions

MOTION for Leave to Appear Pro Hac Vice of Douglas H. Carsten Filing fee $ 150, receipt number 0207-9574610. by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 06/02/2017)

2017-06-02

1

View

MOTION for Leave to Appear Pro Hac Vice of Lauren E. Wardle Filing fee $ 150, receipt number 0207-9574664. by Paragon BioTeck, Inc.. (Wardle, Lauren) (Entered: 06/02/2017)

2017-06-02

1

View

MOTION for Leave to Appear Pro Hac Vice of Alina Litoshyk Filing fee $ 150, receipt number 0207-9575039. by Paragon BioTeck, Inc.. (Litoshyk, Alina) (Entered: 06/02/2017)

2017-06-02

1

View

MOTION for Leave to Appear Pro Hac Vice of Katherine Hasper Filing fee $ 150, receipt number 0207-9575273. by Paragon BioTeck, Inc.. (Hasper, Katherine) (Entered: 06/02/2017)

2017-06-02

1

View

MOTION to Adjourn Conference by Paragon BioTeck, Inc.. (Bolton, Craig) (Entered: 06/02/2017)

2017-06-02

1

View

Letter from the parties submitting their Joint Proposed Case Scheduling Order by Altaire Pharmaceuticals, Inc., Assad Sawaya (Attachments: # 1 Proposed Initial Scheduling Order) (Autuoro, Michael) (Entered: 06/02/2017)

2017-06-02

1

View

ORDER denying 17 Motion to Adjourn Conference. The Initial Conference scheduled for 6/6/2017 at 10:30 AM is converted to a Telephone Conference. Plaintiffs counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 6/2/2017. (Miller, Hannah)

2017-06-02

1

No Actions

Order on Motion to Adjourn Conference

2017-06-02

1

No Actions

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9578582. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Davis, Ahmed) (Entered: 06/05/2017)

2017-06-05

1

View

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9578806. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Cork, Sarah) (Entered: 06/05/2017)

2017-06-05

1

View

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: Application granted 13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filing fee $150 paid, receipt number 0207-9574610.) SO Ordered by Judge William F. Kuntz, II on 6/5/2017. (Ramesar, Thameera) (Entered: 06/06/2017)

2017-06-06

1

View

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: Application granted 14 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filing fee $ 150 paid, receipt number 0207-9574664.) SO Ordered by Judge William F. Kuntz, II on 6/5/2017. (Ramesar, Thameera) (Entered: 06/06/2017)

2017-06-06

1

View

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: Application granted 15 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filing fee $ 150 paid, receipt number 0207-9575039.) SO Ordered by Judge William F. Kuntz, II on 6/5/2017. (Ramesar, Thameera) (Entered: 06/06/2017)

2017-06-06

1

View

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: Application granted 16 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filing fee $ 150 paid, receipt number 0207-9575273.) SO Ordered by Judge William F. Kuntz, II on 6/5/2017. (Ramesar, Thameera) (Entered: 06/06/2017)

2017-06-06

1

View

Letter respectfully opposing request to file a motion to dismiss by Altaire Pharmaceuticals, Inc., Assad Sawaya (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Autuoro, Michael) (Entered: 06/06/2017)

2017-06-06

1

View

ORDER: As discussed during the 6/6/2017 conference (see attached order for additional detail and deadlines), counsel are scheduled to see the District Judge for the PMC based on Defendant's letter which makes reference to later raising a stay. Counsel have competing views as to the general and specific applicability of 35 U.S. Code § 325(a)(2). Counsel should stay abreast of the docket to be aware of any orders from the District Court as to briefing required on the stay question before the 6/27/2017 conference with the District Judge. The Court will request a copy of the transcript of today's conference. Discovery will be addressed after the District Judge's 6/27/2017 conference if necessary. Ordered by Magistrate Judge Vera M. Scanlon on 6/6/2017. (Quinlan, Krista) (Entered: 06/08/2017)

2017-06-06

1

View

Order on Motion for Leave to Appear Pro Hac Vice

2017-06-06

1

No Actions

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 6/6/2017 in Room 504 North. Michael Frank Autuoro, Ahmed J. Davis and Sarah Cork appearing for Plaintiffs. Craig Eldon Bolton and Douglas H. Carsten appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:32-10:46.) (Quinlan, Krista)

2017-06-06

1

No Actions

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, may be done online at the NYED homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 6/6/2017. (Harris, Emily)

2017-06-06

1

No Actions

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, which may be done online at the NYED homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 6/6/2017. (Harris, Emily)

2017-06-06

1

No Actions

ORDER. In advance of the pre-motion conference scheduled for June 27, 2017, the parties are directed to submit letters outlining their respective positions on Defendant's proposed motion to stay proceedings pursuant to 35 U.S.C. § 325(a)(2). Defendant shall submit its letter on or before Tuesday, June 13, 2017. Plaintiff shall submit a responsive letter on or before Tuesday, June 20. The Court will establish a briefing schedule--or approve the parties' proposed schedule--at the conference. So Ordered by Judge William F. Kuntz, II on 6/6/2017. (Harris, Emily)

2017-06-06

1

No Actions

Order(Other)

2017-06-06

1

No Actions

Order on Motion for Leave to Appear Pro Hac Vice

2017-06-06

1

No Actions

Initial Conference Hearing

2017-06-08

1

No Actions

Letter re Defendant's Proposed Motion to Stay Proceedings Pursuant to 35 U.S.C. § 325(a)(2) by Paragon BioTeck, Inc. (Wardle, Lauren) (Entered: 06/13/2017)

2017-06-13

1

View

MOTION for Leave to Appear Pro Hac Vice of Craig Countryman Filing fee $ 150, receipt number 0207-9603497. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Countryman, Craig) (Entered: 06/14/2017)

2017-06-14

1

View

MOTION for Leave to Appear Pro Hac Vice of Oliver Richards Filing fee $ 150, receipt number 0207-9603785. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order in Support of Motion to Admit Oliver Richards Pro Hac Vice) (Richards, Oliver) (Entered: 06/14/2017)

2017-06-14

1

View

ORDER granting 28 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filing fee $ 150, receipt number 0207-9603497.) SO Ordered by Judge William F. Kuntz, II on 6/15/2017. (Ramesar, Thameera) (Entered: 06/15/2017)

2017-06-15

1

View

ORDER granting 29 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . (Filling fee $150, receipt number 0207-9603497.) SO Ordered by Judge William F. Kuntz, II on 6/15/2017. (Ramesar, Thameera) (Entered: 06/15/2017)

2017-06-15

1

View

Letter in Response to D27 Defendant's Proposed Motion to Stay Proceedings Pursuant to 35 U.S.C. § 325(a)(2) by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 06/20/2017)

2017-06-20

1

View

Letter re Agreed Briefing Schedule by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 06/26/2017)

2017-06-26

1

View

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 6/27/2017. Appearances: Ahmed Davis, Esq., Michael Autuoro, Esq., and Sarah Cork, Esq., appeared on behalf of Plaintiffs Altaire Pharmaceuticals, Inc. and Assad Sawaya. Douglas Carsten, Esq., appeared on behalf of the Defendant Paragon BioTeck, Inc. The Defendant's application to make a motion to stay was granted. The Court ordered the following briefing schedule: 1) Defendant shall serve and file the motion to stay on or before Friday, July 7, 2017; 2) Plaintiffs shall serve and file the opposition brief on or before Friday, July 21, 2017; and 3) Defendant shall serve and file the reply brief on or before Friday, July 28, 2017. Discovery is not stayed during the pendency of the motion to stay. (Court Reporter Georgette Betts.) (Jackson, Andrew)

2017-06-27

1

No Actions

ORDER: The Court orders the following schedule: The Defendant shall serve and file its initial briefs on ECF by 5:00 P.M. on July 7,2017; the Plaintiffs shall serve and file their responsive papers in opposition on ECF by 5:00 P.M. on July 21,2017; and the Defendant shall serve and file its reply briefs on ECF by 5:00 P.M. on July 28,2017. (See Order for details)So Ordered by Judge William F. Kuntz, II on 6/27/2017. (Tavarez, Jennifer) (Entered: 06/28/2017)

2017-06-28

1

View

Letter MOTION for Extension of Time to File Briefs Related to Motion to Stay & Motion to Dismiss by Paragon BioTeck, Inc.. (Wardle, Lauren) (Entered: 06/30/2017)

2017-06-30

1

View

Order on Motion for Extension of Time to File

2017-06-30

1

No Actions

ORDER granting 35 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 6/30/17. (Kuntz, William)

2017-06-30

1

No Actions

TRANSCRIPT of Proceedings held on June 6, 2017, before Judge Scanlon. Court Transcriber: Transcription Plus II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/10/2017. Release of Transcript Restriction set for 10/9/2017. (Rocco, Christine) (Entered: 07/10/2017)

2017-07-10

1

View

Letter to Honorable William F. Kuntz, II respectfully requesting Withdrawal of Counsel by Paragon BioTeck, Inc. (Wardle, Lauren) (Entered: 07/10/2017)

2017-07-10

1

View

Pre Motion Conference

2017-07-10

1

No Actions

ORDER granting re 37 Letter respectfully requesting Withdrawal of Counsel filed by Paragon BioTeck, Inc. So Ordered by Judge William F. Kuntz, II on 7/10/2017. (Tavarez, Jennifer) (Entered: 07/12/2017)

2017-07-12

1

View

MOTION to Stay by Paragon BioTeck, Inc.. (Attachments: # 1 Certificate of Service, # 2 Proposed Order) (Carsten, Douglas) (Entered: 07/21/2017)

2017-07-21

1

View

MEMORANDUM in Support re 39 MOTION to Stay filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 07/21/2017)

2017-07-21

1

View

MOTION to Dismiss by Paragon BioTeck, Inc.. (Attachments: # 1 Certificate of Service, # 2 Proposed Order) (Carsten, Douglas) (Entered: 07/21/2017)

2017-07-21

1

View

MEMORANDUM in Support re 41 MOTION to Dismiss filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 07/21/2017)

2017-07-21

1

View

Letter respectfully requesting Withdrawal of Pro Hac Vice Counsel, by Paragon BioTeck, Inc. (Hasper, Katherine) (Entered: 07/24/2017)

2017-07-24

1

View

ORDER granting re 43 Letter Withdrawal of Pro Hac Vice Counsel, filed by Paragon BioTeck, Inc. So Ordered by Judge William F. Kuntz, II on 7/24/2017. (Tavarez, Jennifer) (Entered: 07/25/2017)

2017-07-24

1

View

MOTION for Leave to Appear Pro Hac Vice of Adam Burrowbridge Filing fee $ 150, receipt number 0207-9706047. by Paragon BioTeck, Inc.. (Burrowbridge, Adam) (Entered: 07/25/2017)

2017-07-25

1

View

ORDER granting 44 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee .. (Kuntz, William)

2017-07-25

1

No Actions

Order on Motion for Leave to Appear Pro Hac Vice

2017-07-25

1

No Actions

NOTICE of Appearance by Adam W. Burrowbridge on behalf of Paragon BioTeck, Inc. (notification declined or already on case) (Burrowbridge, Adam) (Entered: 08/17/2017)

2017-08-17

1

View

MEMORANDUM in Opposition re 39 MOTION to Stay filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Davis, Ahmed) (Entered: 08/18/2017)

2017-08-18

1

View

MEMORANDUM in Opposition re 41 MOTION to Dismiss filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Davis, Ahmed) (Entered: 08/18/2017)

2017-08-18

1

View

REPLY in Support re 39 MOTION to Stay filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 09/01/2017)

2017-09-01

1

View

REPLY in Support re 41 MOTION to Dismiss filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 09/01/2017)

2017-09-01

1

View

CERTIFICATE OF SERVICE by Paragon BioTeck, Inc. re 49 Reply in Support of Motion for an Automatic Stay (Carsten, Douglas) (Entered: 09/05/2017)

2017-09-05

1

View

Letter to Judge Kuntz Requesting Oral Argument on Defendant's Motion to Stay (D39) and Motion to Dismiss (D42) by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 09/08/2017)

2017-09-08

1

View

ORDER: The Court hereby grants Plaintiffs leave to submit sur-reply briefing on the pending motions, which shall be filed on ECF by 5:00 P.M. on September 22, 2017. The Court anticipates deciding the motions on the papers submitted, but reserves the right to call counsel in for oral argument of either or both motions should the Court deem it necessary. So Ordered by Judge William F. Kuntz, II on 9/8/2017. (Tavarez, Jennifer) (Entered: 09/11/2017)

2017-09-08

1

View

REPLY in Opposition re 41 MOTION to Dismiss (Sur-Reply) filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A) (Davis, Ahmed) (Entered: 09/22/2017)

2017-09-22

1

View

Letter MOTION for Protective Order by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Davis, Ahmed) (Entered: 11/22/2017)

2017-11-22

1

View

RESPONSE in Opposition re 55 Letter MOTION for Protective Order filed by Paragon BioTeck, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Carsten, Douglas) (Entered: 11/28/2017)

2017-11-28

1

View

SCHEDULING ORDER: An in-person Status Conference is set for 12/21/2017 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel should come prepared to discuss 55 and 56 . Ordered by Magistrate Judge Vera M. Scanlon on 12/4/2017. (Pearce, Jessica)

2017-12-04

1

No Actions

Scheduling Order

2017-12-04

1

No Actions

MOTION for More Definite Statement Seeking to Enforce Subpoena by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Davis, Ahmed) (Entered: 12/11/2017)

2017-12-11

1

View

Letter respectfully requesting a pre-motion conference by Paragon BioTeck, Inc. (Attachments: # 1 Exhibit A - Petition, # 2 Exhibit B - Final Decision, # 3 Exhibit C - Order) (Carsten, Douglas) (Entered: 12/13/2017)

2017-12-13

1

View

RESPONSE in Opposition re 57 MOTION for More Definite Statement Seeking to Enforce Subpoena filed by Paragon BioTeck, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Carsten, Douglas) (Entered: 12/14/2017)

2017-12-14

1

View

RESPONSE in Opposition re 57 MOTION for More Definite Statement Seeking to Enforce Subpoena (on behalf of Wilson Sonsini Goodrich & Rosati) filed by Paragon BioTeck, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Carsten, Douglas) (Entered: 12/14/2017)

2017-12-14

1

View

Scheduling Order

2017-12-15

1

No Actions

SCHEDULING ORDER: The parties are ordered to appear for a pre-motion conference in this action on January 9, 2018, at 1:00 P.M. in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 12/15/2017. (Harris, Emily)

2017-12-15

1

No Actions

Scheduling Order

2017-12-18

1

No Actions

SCHEDULING ORDER: In light of the scheduled conference before the District Judge, the Status Conference currently scheduled for 12/21/17 is adjourned to 1/9/2018 at 02:45 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 12/18/2017. (Pearce, Jessica)

2017-12-18

1

No Actions

Letter in Response to D58 Paragon's Request for a Pre-Motion Conference by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 12/20/2017)

2017-12-20

1

View

MOTION for Leave to Appear Pro Hac Vice of Veronica Ascarrunz Filing fee $ 150, receipt number 0207-10097496. by Paragon BioTeck, Inc.. (Attachments: # 1 Proposed Order) (Ascarrunz, Veronica) (Entered: 01/08/2018)

2018-01-08

1

View

ORDER granting 62 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Judge William F. Kuntz, II on 1/8/2018. (Kuntz, William)

2018-01-08

1

No Actions

NOTICE of Appearance by Veronica Ascarrunz on behalf of All Defendants (notification declined or already on case) (Ascarrunz, Veronica) (Entered: 01/09/2018)

2018-01-09

1

View

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 1/9/2018. Appearances: Ahmed Davis, Esq., and Sarah Cork, Esq., appeared on behalf of Plaintiffs Altaire Pharmaceuticals, Inc. and Assad Sawaya. Adam Burrowbridge, Esq., Craig Bolton, Esq., and Veronica Ascarrunz, Esq., appeared on behalf of Defendant Paragon BioTeck, Inc. The Defendant's application to make a Motion to Dismiss and/or Motion for Summary Judgment was granted. The Court ordered the following briefing schedule: 1) Defendant shall serve its opening motion on or before Friday, February 2, 2018; 2) Plaintiffs shall serve the memorandum in opposition on or before Friday, February 23, 2018; and 3) Defendant shall serve the reply memorandum on or before Friday, March 16, 2018. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their motion papers by 5:00 p.m. on March 16, 2018. Defense counsel shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of Mr. Andrew Jackson. Discovery is not stayed during the pendency of the motion. (Court Reporter Victoria Butler.) (Jackson, Andrew)

2018-01-09

1

No Actions

Letter Regarding Defendant's Pending Motion for a Stay Pursuant to 35 U.S.C. 325(a)(2) by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 01/16/2018)

2018-01-16

1

View

TRANSCRIPT of Proceedings held on January 9, 2018, before Judge Scanlon. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/7/2018. Redacted Transcript Deadline set for 2/19/2018. Release of Transcript Restriction set for 4/17/2018. (Rocco, Christine) (Entered: 01/17/2018)

2018-01-17

1

View

Letter in Response to Plaintiffs' Letter Regarding Defendant's Pending Motion for a Stay Pursuant to 35 U.S.C. 325(a)(2) by Paragon BioTeck, Inc. (Attachments: # 1 Exhibit A) (Carsten, Douglas) (Entered: 01/17/2018)

2018-01-17

1

View

ORDER: The Court hereby GRANTS Paragon's motion and ORDERS that the above-captioned action is stayed in its entirety pending further order from the Court. SO Ordered by Judge William F. Kuntz, II on 1/17/2018. (Tavarez, Jennifer) (Entered: 01/18/2018)

2018-01-18

1

View

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 27, 2017, before Judge William F. Kuntz, II. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718-804-2777. Email address: Georgette_Betts@nyed.uscourts.gov. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/26/2018. Redacted Transcript Deadline set for 3/8/2018. Release of Transcript Restriction set for 5/7/2018. (Betts, Georgette) (Entered: 02/05/2018)

2018-02-05

1

View

Order on Motion for More Definite Statement AND Order on Motion for Protective Order

2018-03-09

1

No Actions

ORDER: The motions at 55 and 57 are moot in light of the stay granted by the District Judge at 67 . If the case proceeds, the motions may be made again if appropriate. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2018. (Quinlan, Krista)

2018-03-09

1

No Actions

NOTICE of Voluntary Dismissal by Altaire Pharmaceuticals, Inc., Assad Sawaya (Autuoro, Michael) (Entered: 08/17/2018)

2018-08-17

1

View

NOTICE Of Voluntary Dismissal: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs hereby dismiss this action with prejudice and without costs to any party. SO Ordered by Judge William F. Kuntz, II on 8/17/2018. (Tavarez, Jennifer) (Entered: 08/20/2018)

2018-08-20

1

View

Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 Notice of dismissal) (Rocco, Christine) (Entered: 08/22/2018)

2018-08-22

1

View

Overview

Parties

Defendant

Paragon BioTeck, Inc. Follow

Represented By

Plaintiff

Assad Sawaya Follow

Represented By

Altaire Pharmaceuticals, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Corporate Disclosure Statement by Altaire Pharmaceuticals, Inc. (Autuoro, Michael) (Entered: 04/03/2017)

Summons Issued as to Paragon BioTeck, Inc.. (Bowens, Priscilla) (Entered: 04/04/2017)

This is a patent case and is eligible for the Patent Pilot Project. (Bowens, Priscilla)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Additionally, case is reassigned to Office Code 1: Brooklyn as per civil cover sheet Rule 50.1(d)(2). (Rodin, Deanna) (Entered: 04/04/2017)

Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 04/04/2017)

Notice of Patent Case

NOTICE of Appearance by Craig Eldon Bolton on behalf of Paragon BioTeck, Inc. (aty to be noticed) (Bolton, Craig) (Entered: 04/14/2017)

Letter MOTION for Extension of Time to File Answer by Paragon BioTeck, Inc.. (Bolton, Craig) (Entered: 04/14/2017)

SUMMONS Returned Executed by Altaire Pharmaceuticals, Inc., Assad Sawaya. Paragon BioTeck, Inc. served on 4/6/2017, answer due 5/30/2017. (Autuoro, Michael) (Entered: 04/17/2017)

Letter respectfully requesting a pre-motion conference by Paragon BioTeck, Inc. (Attachments: # 1 Exhibit A - Petition, # 2 Exhibit B - Final Decision, # 3 Exhibit C - Declaration) (Bolton, Craig) (Entered: 05/30/2017)

NOTICE by Paragon BioTeck, Inc. Notice of Application of Mandatory Statutory Stay (Bolton, Craig) (Entered: 06/01/2017)

Scheduling Order

MOTION for Leave to Appear Pro Hac Vice of Douglas H. Carsten Filing fee $ 150, receipt number 0207-9574610. by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 06/02/2017)

MOTION for Leave to Appear Pro Hac Vice of Lauren E. Wardle Filing fee $ 150, receipt number 0207-9574664. by Paragon BioTeck, Inc.. (Wardle, Lauren) (Entered: 06/02/2017)

MOTION for Leave to Appear Pro Hac Vice of Alina Litoshyk Filing fee $ 150, receipt number 0207-9575039. by Paragon BioTeck, Inc.. (Litoshyk, Alina) (Entered: 06/02/2017)

MOTION for Leave to Appear Pro Hac Vice of Katherine Hasper Filing fee $ 150, receipt number 0207-9575273. by Paragon BioTeck, Inc.. (Hasper, Katherine) (Entered: 06/02/2017)

MOTION to Adjourn Conference by Paragon BioTeck, Inc.. (Bolton, Craig) (Entered: 06/02/2017)

Letter from the parties submitting their Joint Proposed Case Scheduling Order by Altaire Pharmaceuticals, Inc., Assad Sawaya (Attachments: # 1 Proposed Initial Scheduling Order) (Autuoro, Michael) (Entered: 06/02/2017)

Order on Motion to Adjourn Conference

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9578582. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Davis, Ahmed) (Entered: 06/05/2017)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9578806. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Cork, Sarah) (Entered: 06/05/2017)

Letter respectfully opposing request to file a motion to dismiss by Altaire Pharmaceuticals, Inc., Assad Sawaya (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Autuoro, Michael) (Entered: 06/06/2017)

Order on Motion for Leave to Appear Pro Hac Vice

Order(Other)

Order on Motion for Leave to Appear Pro Hac Vice

Initial Conference Hearing

Letter re Defendant's Proposed Motion to Stay Proceedings Pursuant to 35 U.S.C. § 325(a)(2) by Paragon BioTeck, Inc. (Wardle, Lauren) (Entered: 06/13/2017)

MOTION for Leave to Appear Pro Hac Vice of Craig Countryman Filing fee $ 150, receipt number 0207-9603497. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order) (Countryman, Craig) (Entered: 06/14/2017)

MOTION for Leave to Appear Pro Hac Vice of Oliver Richards Filing fee $ 150, receipt number 0207-9603785. by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Proposed Order in Support of Motion to Admit Oliver Richards Pro Hac Vice) (Richards, Oliver) (Entered: 06/14/2017)

Letter in Response to D27 Defendant's Proposed Motion to Stay Proceedings Pursuant to 35 U.S.C. § 325(a)(2) by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 06/20/2017)

Letter re Agreed Briefing Schedule by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 06/26/2017)

Letter MOTION for Extension of Time to File Briefs Related to Motion to Stay & Motion to Dismiss by Paragon BioTeck, Inc.. (Wardle, Lauren) (Entered: 06/30/2017)

Order on Motion for Extension of Time to File

ORDER granting 35 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 6/30/17. (Kuntz, William)

Letter to Honorable William F. Kuntz, II respectfully requesting Withdrawal of Counsel by Paragon BioTeck, Inc. (Wardle, Lauren) (Entered: 07/10/2017)

Pre Motion Conference

ORDER granting re 37 Letter respectfully requesting Withdrawal of Counsel filed by Paragon BioTeck, Inc. So Ordered by Judge William F. Kuntz, II on 7/10/2017. (Tavarez, Jennifer) (Entered: 07/12/2017)

MOTION to Stay by Paragon BioTeck, Inc.. (Attachments: # 1 Certificate of Service, # 2 Proposed Order) (Carsten, Douglas) (Entered: 07/21/2017)

MEMORANDUM in Support re 39 MOTION to Stay filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 07/21/2017)

MOTION to Dismiss by Paragon BioTeck, Inc.. (Attachments: # 1 Certificate of Service, # 2 Proposed Order) (Carsten, Douglas) (Entered: 07/21/2017)

MEMORANDUM in Support re 41 MOTION to Dismiss filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 07/21/2017)

Letter respectfully requesting Withdrawal of Pro Hac Vice Counsel, by Paragon BioTeck, Inc. (Hasper, Katherine) (Entered: 07/24/2017)

ORDER granting re 43 Letter Withdrawal of Pro Hac Vice Counsel, filed by Paragon BioTeck, Inc. So Ordered by Judge William F. Kuntz, II on 7/24/2017. (Tavarez, Jennifer) (Entered: 07/25/2017)

MOTION for Leave to Appear Pro Hac Vice of Adam Burrowbridge Filing fee $ 150, receipt number 0207-9706047. by Paragon BioTeck, Inc.. (Burrowbridge, Adam) (Entered: 07/25/2017)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE of Appearance by Adam W. Burrowbridge on behalf of Paragon BioTeck, Inc. (notification declined or already on case) (Burrowbridge, Adam) (Entered: 08/17/2017)

MEMORANDUM in Opposition re 39 MOTION to Stay filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Davis, Ahmed) (Entered: 08/18/2017)

MEMORANDUM in Opposition re 41 MOTION to Dismiss filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Davis, Ahmed) (Entered: 08/18/2017)

REPLY in Support re 39 MOTION to Stay filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 09/01/2017)

REPLY in Support re 41 MOTION to Dismiss filed by Paragon BioTeck, Inc.. (Carsten, Douglas) (Entered: 09/01/2017)

CERTIFICATE OF SERVICE by Paragon BioTeck, Inc. re 49 Reply in Support of Motion for an Automatic Stay (Carsten, Douglas) (Entered: 09/05/2017)

Letter to Judge Kuntz Requesting Oral Argument on Defendant's Motion to Stay (D39) and Motion to Dismiss (D42) by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 09/08/2017)

REPLY in Opposition re 41 MOTION to Dismiss (Sur-Reply) filed by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A) (Davis, Ahmed) (Entered: 09/22/2017)

Letter MOTION for Protective Order by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Davis, Ahmed) (Entered: 11/22/2017)

RESPONSE in Opposition re 55 Letter MOTION for Protective Order filed by Paragon BioTeck, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Carsten, Douglas) (Entered: 11/28/2017)

SCHEDULING ORDER: An in-person Status Conference is set for 12/21/2017 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel should come prepared to discuss 55 and 56 . Ordered by Magistrate Judge Vera M. Scanlon on 12/4/2017. (Pearce, Jessica)

Scheduling Order

MOTION for More Definite Statement Seeking to Enforce Subpoena by Altaire Pharmaceuticals, Inc., Assad Sawaya. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Davis, Ahmed) (Entered: 12/11/2017)

Letter respectfully requesting a pre-motion conference by Paragon BioTeck, Inc. (Attachments: # 1 Exhibit A - Petition, # 2 Exhibit B - Final Decision, # 3 Exhibit C - Order) (Carsten, Douglas) (Entered: 12/13/2017)

RESPONSE in Opposition re 57 MOTION for More Definite Statement Seeking to Enforce Subpoena filed by Paragon BioTeck, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Carsten, Douglas) (Entered: 12/14/2017)

Scheduling Order

SCHEDULING ORDER: The parties are ordered to appear for a pre-motion conference in this action on January 9, 2018, at 1:00 P.M. in Courtroom 6H North before Judge William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 12/15/2017. (Harris, Emily)

Scheduling Order

Letter in Response to D58 Paragon's Request for a Pre-Motion Conference by Altaire Pharmaceuticals, Inc., Assad Sawaya (Davis, Ahmed) (Entered: 12/20/2017)

MOTION for Leave to Appear Pro Hac Vice of Veronica Ascarrunz Filing fee $ 150, receipt number 0207-10097496. by Paragon BioTeck, Inc.. (Attachments: # 1 Proposed Order) (Ascarrunz, Veronica) (Entered: 01/08/2018)

NOTICE of Appearance by Veronica Ascarrunz on behalf of All Defendants (notification declined or already on case) (Ascarrunz, Veronica) (Entered: 01/09/2018)

Paragon BioTeck, Inc.

Assad Sawaya

Altaire Pharmaceuticals, Inc.