Amgen Inc. v. Tanvex BioPharma USA, Inc.

COMPLAINT with Jury Demand against Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. ( Filing fee $ 400 receipt number 0974-12752053), filed by Amgen Inc., Amgen Manufacturing, Limited. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)The new case number is 3:19-cv-01374-AJB-MSB. Judge Anthony J. Battaglia and Magistrate Judge Michael S. Berg are assigned to the case. (Janine-Page, Marisa)(jmo) (jao). (Entered: 07/23/2019)

2019-07-23

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Corporate Disclosure Statement by Amgen Inc., Amgen Manufacturing, Limited identifying Corporate Parent Amgen Inc. for Amgen Manufacturing, Limited. (jmo) (jao). (Entered: 07/23/2019)

2019-07-23

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Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jmo) (Main Document 3 replaced on 7/24/2019) (cdw). (jao). (Entered: 07/23/2019)

2019-07-23

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REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 9,856,287 B2 cc:USPTO (jmo) (jao). (Entered: 07/23/2019)

2019-07-23

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MINUTE ORDER. Judge Anthony J. Battaglia has declined assignment pursuant to General Order 598. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 19cv1374 BEN (MSB).(no document attached) (jcj) (Entered: 07/24/2019)

2019-07-24

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761422.) (Application to be reviewed by Clerk.) (Groombridge, Nicholas) (mdc) (Entered: 07/25/2019)

2019-07-25

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761484.) (Application to be reviewed by Clerk.) (Wu, Jennifer) (mdc) (Entered: 07/25/2019)

2019-07-25

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761540.) (Application to be reviewed by Clerk.) (Gordon, Jennifer) (mdc) (Entered: 07/25/2019)

2019-07-25

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761595.) (Application to be reviewed by Clerk.) (Wehrli, Naz) (mdc) (Entered: 07/25/2019)

2019-07-25

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761617.) (Application to be reviewed by Clerk.) (Whitt, Jacob) (mdc) (Entered: 07/25/2019)

2019-07-25

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761639.) (Application to be reviewed by Clerk.) (Marks, Aaron) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 6 : Nicholas Groombridge appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 7 : Jennifer H. Wu appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 8 : Jennifer Gordon appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 9 : Naz Wehrli appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 10 : Jacob Tinsley Whitt appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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PRO HAC APPROVED re 11 : Aaron Joseph Marks appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

2019-07-25

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WAIVER OF SERVICE Returned Executed by Amgen Inc., Amgen Manufacturing, Limited, as to Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc.. (Janine-Page, Marisa) (jrm). (Entered: 07/26/2019)

2019-07-26

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MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 3:19-cv-01374-H-MSB.(no document attached) (jrm) (Entered: 08/01/2019)

2019-08-01

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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12933360.) (Application to be reviewed by Clerk.) (Rutkowski, Joseph) (mdc) (Entered: 09/12/2019)

2019-09-12

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* REFILED AS 22 * - Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12933387.) (Application to be reviewed by Clerk.) (Rutkowski, Joseph) Modified text on 9/12/2019 to indicate refiled status. (mdc) (Entered: 09/12/2019)

2019-09-12

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Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12933387 - See 21 .) (Application to be reviewed by Clerk.) (Wintner, Thomas) Modified text on 9/12/2019 to add filing fee info. (mdc) (Entered: 09/12/2019)

2019-09-12

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NOTICE of Appearance by Eric J. Eastham on behalf of Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. (Eastham, Eric)Attorney Eric J. Eastham added to party Tanvex BioPharma USA, Inc.(pty:dft), Attorney Eric J. Eastham added to party Tanvex Biologics Corp.(pty:dft), Attorney Eric J. Eastham added to party Tanvex Biopharma, Inc.(pty:dft). Modified on 9/13/2019 - Captioned to wrong judge. QC Email sent re correct judge (jah). (Entered: 09/12/2019)

2019-09-12

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PRO HAC APPROVED re 20 : Joseph Rutkowski appearing for Defendants Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. (no document attached) (mdc) (Entered: 09/12/2019)

2019-09-12

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PRO HAC APPROVED re 22 : Thomas H. Wintner appearing for Defendants Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. (no document attached) (mdc) (Entered: 09/12/2019)

2019-09-12

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ORDER OF JUDGE TRANSFER. This case is transferred from the calendar of the Honorable Michael S. Berg to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Magistrate Judge Berg, if any, remain unchanged until further order and are now set before Magistrate Judge Allison H. Goddard. Any dates set before any district judge remain unchanged. Magistrate Judge Michael S. Berg is no longer assigned. Case reassigned to Magistrate Judge Allison H. Goddard. The new case number is 19cv1374-H-AHG. Signed by Magistrate Judge Michael S. Berg on 9/20/2019. (jah) (Entered: 09/20/2019)

2019-09-20

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ANSWER to 1 Complaint,, with Jury Demand, COUNTERCLAIM against All Plaintiffs by Tanvex Biopharma, Inc., Tanvex Biologics Corp., Tanvex BioPharma USA, Inc..(Eastham, Eric). (jah). (Entered: 09/23/2019)

2019-09-23

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Corporate Disclosure Statement by Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc.. No Corporate Parents/Interested Parties. (Eastham, Eric). (jah). (Entered: 09/23/2019)

2019-09-23

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NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 12/12/2019 02:00 PM before Magistrate Judge Allison H. Goddard. In the event the case does not settle at the ENE, Court will immediately thereafter hold a Case Management Conference pursuant to Fed. R. Civ. P 16(b). Joint Case Management Statement must be filed by 12/2/2019. Signed by Magistrate Judge Allison H. Goddard on 9/24/2019. (jah) (Entered: 09/24/2019)

2019-09-24

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Joint MOTION for Protective Order by Amgen Inc., Amgen Manufacturing, Limited. (Janine-Page, Marisa). Modified on 9/27/2019 - Proposed is Proposed Order, not a Motion. QC Email sent to refile w/ pdf that complies w/ LR 7.1 (jah). (Entered: 09/26/2019)

2019-09-26

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PROTECTIVE ORDER granting 30 Joint Motion for Stipulated Protective Order. Signed by Magistrate Judge Allison H. Goddard on 9/30/2019. (jah) (Entered: 10/01/2019)

2019-09-30

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ANSWER with Jury Trial Demand to 27 Answer to Counterclaim by Amgen Inc., Amgen Manufacturing, Limited.(Janine-Page, Marisa). Modified on 10/15/2019 - Edited to add jury demand (jah). (Entered: 10/14/2019)

2019-10-14

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ORDER Vacating Case Management Conference. The District Judge will set and manage all scheduling deadlines in this matter. Court vacates the 12/12/2019 Case Management Conference as well the parties' related deadlines to meet and confer and to file a Joint Case Management Statement. All other ENE-related deadlines and requirements previously set in Court's 29 Notice and Order for Early Neutral Evaluation conference remain in place. Signed by Magistrate Judge Allison H. Goddard on 10/28/2019. (jah) (Entered: 10/28/2019)

2019-10-28

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ORDER Issuing Tentative Scheduling Order and Setting Telephonic Case Management Conference. Telephonic Case Management Conference set for 11/13/2019 10:30 AM before Judge Marilyn L. Huff. In light of the scheduled case management conference, Court issues a tentative scheduling order. The parties must review the tentative scheduling order in advance of the case management conference. Joint Discovery Plan pursuant to Federal Rule of Civil Procedure 26(f) and Patent Local Rule 2.1(b) must be filed by 11/5/2019. The parties must meet and confer, and if necessary, jointly submit any proposed changes to the tentative schedule by 11/5/2019. Signed by Judge Marilyn L. Huff on 10/28/2019. (jah) (Entered: 10/29/2019)

2019-10-28

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Joint MOTION to Continue Early Neutral Evaluation Conference by Amgen Inc., Amgen Manufacturing, Limited. (Attachments: # 1 Declaration of Wendy A. Whiteford, # 2 Declaration of Thomas Wintner, # 3 Declaration of Marisa Janine-Page)(Janine-Page, Marisa). (jah). (Entered: 11/01/2019)

2019-11-01

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JOINT DISCOVERY PLAN by Amgen Inc., Amgen Manufacturing, Limite (Attachments: # 1 Exhibit 1 Proposed Joint Discovery Plan, # 2 Exhibit A Proposed Order RE ESI, # 3 Exhibit 2 Joint Proposed Changes to Schedule)(Janine-Page, Marisa). Modified on 11/6/2019 - Proposed Order attached. QC Email sent to email Proposed Order to Chambers (jah). (Entered: 11/05/2019)

2019-11-05

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ORDER granting 35 Joint Motion to Continue Early Neutral Evaluation Conference. Early Neutral Evaluation set for 12/12/2019 is vacated and reset for 1/13/2020 09:30 AM before Magistrate Judge Allison H. Goddard. The deadline for the parties to submit their Confidential ENE Statements to Court is reset for 1/8/2020. Signed by Magistrate Judge Allison H. Goddard on 11/1/2019. (jah) (Entered: 11/06/2019)

2019-11-06

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ORDER Governing Discovery of Electronically Stored Information (ESI) in Patent Cases. The parties filed 36 Joint Discovery Plan on 11/5/2019. Along with the Joint Discovery Plan, the parties filed a joint proposed order governing the discovery of electronically stored information. Court grants the parties' joint request for an order governing ESI discovery, and enters the Order. This Order supplements all other discovery rules and orders. Signed by Judge Marilyn L. Huff on 11/13/2019. (jah) (Entered: 11/13/2019)

2019-11-13

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Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Case Management Conference held on 11/13/2019. The Court will issue an order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Nicholas Groombridge; Marisa Janine-Page; Aaron Joseph Marks; Jennifer H. Wu). (Defendant Attorney Thomas H. Wintner; Joseph Rutkowski). (no document attached) (smy) (Entered: 11/13/2019)

2019-11-13

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Minute ORDER: On November 13, 2019, the Court held a telephonic case management conference in the action. At the telephonic hearing, the Court informed the parties that the claim construction hearing in this action would be scheduled for Tuesday, April 28, 2020 at 10:00 a.m. The parties must jointly submit any further proposed changes to the Court's tentative scheduling order in light of the April 28, 2020 claim construction hearing date by Monday, November 18, 2019. SO ORDERED by Judge Marilyn L. Huff on 11/13/2019. (no document attached) (smy) (Entered: 11/13/2019)

2019-11-13

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Overview

Parties

Defendant

Tanvex Biologics Corp. Follow

Represented By

Tanvex Biopharma, Inc. Follow

Represented By

Tanvex BioPharma USA, Inc. Follow

Represented By

Plaintiff

Amgen Manufacturing, Limited Follow

Represented By

Amgen Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Corporate Disclosure Statement by Amgen Inc., Amgen Manufacturing, Limited identifying Corporate Parent Amgen Inc. for Amgen Manufacturing, Limited. (jmo) (jao). (Entered: 07/23/2019)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jmo) (Main Document 3 replaced on 7/24/2019) (cdw). (jao). (Entered: 07/23/2019)

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *9,856,287 B2* cc:USPTO (jmo) (jao). (Entered: 07/23/2019)

MINUTE ORDER. Judge Anthony J. Battaglia has declined assignment pursuant to General Order 598. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 19cv1374 BEN (MSB).(no document attached) (jcj) (Entered: 07/24/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761422.) (Application to be reviewed by Clerk.) (Groombridge, Nicholas) (mdc) (Entered: 07/25/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761484.) (Application to be reviewed by Clerk.) (Wu, Jennifer) (mdc) (Entered: 07/25/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761540.) (Application to be reviewed by Clerk.) (Gordon, Jennifer) (mdc) (Entered: 07/25/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761595.) (Application to be reviewed by Clerk.) (Wehrli, Naz) (mdc) (Entered: 07/25/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761617.) (Application to be reviewed by Clerk.) (Whitt, Jacob) (mdc) (Entered: 07/25/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12761639.) (Application to be reviewed by Clerk.) (Marks, Aaron) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 6 : Nicholas Groombridge appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 7 : Jennifer H. Wu appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 8 : Jennifer Gordon appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 9 : Naz Wehrli appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 10 : Jacob Tinsley Whitt appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

PRO HAC APPROVED re 11 : Aaron Joseph Marks appearing for Plaintiffs Amgen Inc., Amgen Manufacturing, Limited. (no document attached) (mdc) (Entered: 07/25/2019)

WAIVER OF SERVICE Returned Executed by Amgen Inc., Amgen Manufacturing, Limited, as to Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc.. (Janine-Page, Marisa) (jrm). (Entered: 07/26/2019)

MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 3:19-cv-01374-H-MSB.(no document attached) (jrm) (Entered: 08/01/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12933360.) (Application to be reviewed by Clerk.) (Rutkowski, Joseph) (mdc) (Entered: 09/12/2019)

*** REFILED AS 22 *** - Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12933387.) (Application to be reviewed by Clerk.) (Rutkowski, Joseph) Modified text on 9/12/2019 to indicate refiled status. (mdc) (Entered: 09/12/2019)

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12933387 - See 21 .) (Application to be reviewed by Clerk.) (Wintner, Thomas) Modified text on 9/12/2019 to add filing fee info. (mdc) (Entered: 09/12/2019)

PRO HAC APPROVED re 20 : Joseph Rutkowski appearing for Defendants Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. (no document attached) (mdc) (Entered: 09/12/2019)

PRO HAC APPROVED re 22 : Thomas H. Wintner appearing for Defendants Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc. (no document attached) (mdc) (Entered: 09/12/2019)

ANSWER to 1 Complaint,, with Jury Demand, COUNTERCLAIM against All Plaintiffs by Tanvex Biopharma, Inc., Tanvex Biologics Corp., Tanvex BioPharma USA, Inc..(Eastham, Eric). (jah). (Entered: 09/23/2019)

Corporate Disclosure Statement by Tanvex BioPharma USA, Inc., Tanvex Biologics Corp., Tanvex Biopharma, Inc.. No Corporate Parents/Interested Parties. (Eastham, Eric). (jah). (Entered: 09/23/2019)

Joint MOTION for Protective Order by Amgen Inc., Amgen Manufacturing, Limited. (Janine-Page, Marisa). Modified on 9/27/2019 - Proposed is Proposed Order, not a Motion. QC Email sent to refile w/ pdf that complies w/ LR 7.1 (jah). (Entered: 09/26/2019)

PROTECTIVE ORDER granting 30 Joint Motion for Stipulated Protective Order. Signed by Magistrate Judge Allison H. Goddard on 9/30/2019. (jah) (Entered: 10/01/2019)

ANSWER with Jury Trial Demand to 27 Answer to Counterclaim by Amgen Inc., Amgen Manufacturing, Limited.(Janine-Page, Marisa). Modified on 10/15/2019 - Edited to add jury demand (jah). (Entered: 10/14/2019)

Joint MOTION to Continue Early Neutral Evaluation Conference by Amgen Inc., Amgen Manufacturing, Limited. (Attachments: # 1 Declaration of Wendy A. Whiteford, # 2 Declaration of Thomas Wintner, # 3 Declaration of Marisa Janine-Page)(Janine-Page, Marisa). (jah). (Entered: 11/01/2019)

Track Case Updates

Tanvex Biologics Corp.

Tanvex Biopharma, Inc.

Tanvex BioPharma USA, Inc.

Amgen Manufacturing, Limited

Amgen Inc.

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 9,856,287 B2 cc:USPTO (jmo) (jao). (Entered: 07/23/2019)

* REFILED AS 22 * - Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12933387.) (Application to be reviewed by Clerk.) (Rutkowski, Joseph) Modified text on 9/12/2019 to indicate refiled status. (mdc) (Entered: 09/12/2019)