Cephalon Inc. v. Barr Laboratories

1:05-cv-00029

Overview

Case Number 1:05-cv-00029

Filing Date 2005-01-20

Status Terminated

Termination Date 2006-02-06

Court District Court, D. Delaware (ded)

Presiding Judge Joseph J. Farnan, Jr.

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Defendant

Parties

Defendant

Cephalon Inc.

Represented By

2 Attorneys Listed

Frederick L. Cottrell , III

Richards, Layton & Finger, PA

Tel: +1 (302) 658-6541

Richards, Layton & Finger, PA, One Rodney Square

Chad Michael Shandler

Richards, Layton & Finger, PA

Tel: +1 (302) 658-6541

Richards, Layton & Finger, PA, One Rodney Square

Barr Laboratories, Inc.

Represented By

4 Attorneys Listed

Josy W. Ingersoll

Young, Conaway, Stargatt & Taylor LLP

Tel: +1 (302) 571-6600

Rodney Square, 1000 North King Street

Karen Elizabeth Keller

Shaw Keller LLP

Tel: +1 (302) 298-0700

300 Delaware Avenue, Suite 1120, Wilmington, DE 19801

Richard H. Morse

ACLU Delaware

ACLU Delaware, 100 W. 10th Street, Ste. 706

Kevin M. Baird

Prickett, Jones & Elliott, P.A.

Tel: +1 (302) 677-0061

Fax: +1 (302) 677-0065

Prickett, Jones & Elliott, P.A., 11 North State Street

Plaintiff

University of Utah Research Foundation

Represented By

1 Attorneys Listed

Chad Michael Shandler

Richards, Layton & Finger, PA

Tel: +1 (302) 658-6541

Richards, Layton & Finger, PA, One Rodney Square

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Joseph J. Farnan, Jr.

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 150.00 RECEIPT # 137737 (mwm) (Entered: 01/21/2005)

2005-01-20

View

Disclosure Statement pursuant to Rule 7.1 by Cephalon Inc. (mwm) (Entered: 01/21/2005)

2005-01-20

View

Disclosure Statement pursuant to Rule 7.1 by University of Utah (mwm) (Entered: 01/21/2005)

2005-01-20

View

Report to Commissioner of Patents and Trademarks. Exit original. Re: 4,863,737 (mwm) (Entered: 01/21/2005)

2005-01-21

View

Cephalon Inc. v. Barr Laboratories

Overview

Parties

Defendant

Cephalon Inc.

Represented By

Barr Laboratories, Inc.

Represented By

Plaintiff

University of Utah Research Foundation

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 150.00 RECEIPT # 137737 (mwm) (Entered: 01/21/2005)

Disclosure Statement pursuant to Rule 7.1 by Cephalon Inc. (mwm) (Entered: 01/21/2005)

Disclosure Statement pursuant to Rule 7.1 by University of Utah (mwm) (Entered: 01/21/2005)

Report to Commissioner of Patents and Trademarks. Exit original. Re: 4,863,737 (mwm) (Entered: 01/21/2005)

RETURN OF SERVICE executed as to Barr Laboratories 1/21/05 Answer due on 2/10/05 for Barr Laboratories (dab) (Entered: 01/24/2005)

CASE assigned to Judge Joseph J. Farnan Jr. . Notice to all parties. (rjb) (Entered: 01/26/2005)

LETTER to the Court from Frederick Cottrell, III on behalf of Cephalon Inc. and the University of Utah Research Foundation. re: Notice of Assignment of Judge dtd. 01/26/05. (afb) (Entered: 02/01/2005)

Rule 7.1(a) Disclosure Statement of by Barr Laboratories (rbe) (Entered: 02/11/2005)

ANSWER to complaint and COUNTERCLAIM by Barr Laboratories (Attorney Kevin M. Baird); jury demand against Cephalon Inc., University of Utah (rbe) (Entered: 02/11/2005)

MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi, Bradley C. Graveline and Michael K. Nutter - filed by Barr Laboratories, Inc.. (Baird, Kevin) (Entered: 03/01/2005)

STIPULATION EXTEND TIME re 9 Answer to Complaint, Counterclaim by Cephalon Inc., University of Utah Research Foundation. (Cottrell, Frederick) (Entered: 03/02/2005)

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) - filed by Cephalon Inc., University of Utah Research Foundation. (Attachments: # 1)(Cottrell, Frederick) (Entered: 03/09/2005)

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) - filed by Cephalon Inc., University of Utah Research Foundation. (Attachments: # 1)(Cottrell, Frederick) (Entered: 03/09/2005)

Joint PROPOSED ORDER Rule 16 Scheduling Order by Cephalon Inc., University of Utah Research Foundation, Barr Laboratories, Inc.. (Baird, Kevin) (Entered: 03/17/2005)

Letter to The Honorable Joseph J. Farnan, Jr. from Kevin M. Baird regarding Joint Proposed Scheduling Order re 13 Proposed Order. (Baird, Kevin) (Entered: 03/17/2005)

NOTICE OF SERVICE of Plaintiffs' Rule 26(a) Initial Disclosures by Cephalon Inc., University of Utah Research Foundation.(Shandler, Chad) (Entered: 03/18/2005)

NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Barr Laboratories, Inc..(Ingersoll, Josy) (Entered: 03/22/2005)

Joint STIPULATION TO EXTEND TIME to file Defendant's Answering Brief In Opposition To Plaintiffs' Motion To Dismiss Counterclaim to March 25, 2005 - filed by Barr Laboratories, Inc.. (Morse, Richard) (Entered: 03/23/2005)

NOTICE OF SERVICE of (1) First Set of Rule 33 Interrogatories to Plaintiffs (2) First Set of Rule 34 Requests to Plaintiffs by Barr Laboratories, Inc..(Baird, Kevin) (Entered: 03/24/2005)

RULE 16 SCHEDULING ORDER: Amended Pleadings due by 8/1/2005. Discovery due by 12/17/2005. Dispositive Motions due by 1/27/2006. Signed by Judge Joseph J. Farnan, Jr. on 03/24/05. (afb, ) (Entered: 03/28/2005)

ANSWERING BRIEF in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) filed by Barr Laboratories, Inc..Reply Brief due date per Local Rules is 4/1/2005. (Morse, Richard) (Entered: 03/25/2005)

Cephalon Inc. v. Barr Laboratories

Overview

Parties

Defendant

Cephalon Inc. Follow

Represented By

Barr Laboratories, Inc. Follow

Represented By

Plaintiff

University of Utah Research Foundation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 150.00 RECEIPT # 137737 (mwm) (Entered: 01/21/2005)

Disclosure Statement pursuant to Rule 7.1 by Cephalon Inc. (mwm) (Entered: 01/21/2005)

Disclosure Statement pursuant to Rule 7.1 by University of Utah (mwm) (Entered: 01/21/2005)

Report to Commissioner of Patents and Trademarks. Exit original. Re: 4,863,737 (mwm) (Entered: 01/21/2005)

RETURN OF SERVICE executed as to Barr Laboratories 1/21/05 Answer due on 2/10/05 for Barr Laboratories (dab) (Entered: 01/24/2005)

CASE assigned to Judge Joseph J. Farnan Jr. . Notice to all parties. (rjb) (Entered: 01/26/2005)

LETTER to the Court from Frederick Cottrell, III on behalf of Cephalon Inc. and the University of Utah Research Foundation. re: Notice of Assignment of Judge dtd. 01/26/05. (afb) (Entered: 02/01/2005)

Rule 7.1(a) Disclosure Statement of by Barr Laboratories (rbe) (Entered: 02/11/2005)

ANSWER to complaint and COUNTERCLAIM by Barr Laboratories (Attorney Kevin M. Baird); jury demand against Cephalon Inc., University of Utah (rbe) (Entered: 02/11/2005)

MOTION for Pro Hac Vice Appearance of Attorney George C. Lombardi, Bradley C. Graveline and Michael K. Nutter - filed by Barr Laboratories, Inc.. (Baird, Kevin) (Entered: 03/01/2005)

STIPULATION EXTEND TIME re 9 Answer to Complaint, Counterclaim by Cephalon Inc., University of Utah Research Foundation. (Cottrell, Frederick) (Entered: 03/02/2005)

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) - filed by Cephalon Inc., University of Utah Research Foundation. (Attachments: # 1)(Cottrell, Frederick) (Entered: 03/09/2005)

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) - filed by Cephalon Inc., University of Utah Research Foundation. (Attachments: # 1)(Cottrell, Frederick) (Entered: 03/09/2005)

Joint PROPOSED ORDER Rule 16 Scheduling Order by Cephalon Inc., University of Utah Research Foundation, Barr Laboratories, Inc.. (Baird, Kevin) (Entered: 03/17/2005)

Letter to The Honorable Joseph J. Farnan, Jr. from Kevin M. Baird regarding Joint Proposed Scheduling Order re 13 Proposed Order. (Baird, Kevin) (Entered: 03/17/2005)

NOTICE OF SERVICE of Plaintiffs' Rule 26(a) Initial Disclosures by Cephalon Inc., University of Utah Research Foundation.(Shandler, Chad) (Entered: 03/18/2005)

NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures by Barr Laboratories, Inc..(Ingersoll, Josy) (Entered: 03/22/2005)

Joint STIPULATION TO EXTEND TIME to file Defendant's Answering Brief In Opposition To Plaintiffs' Motion To Dismiss Counterclaim to March 25, 2005 - filed by Barr Laboratories, Inc.. (Morse, Richard) (Entered: 03/23/2005)

NOTICE OF SERVICE of (1) First Set of Rule 33 Interrogatories to Plaintiffs (2) First Set of Rule 34 Requests to Plaintiffs by Barr Laboratories, Inc..(Baird, Kevin) (Entered: 03/24/2005)

RULE 16 SCHEDULING ORDER: Amended Pleadings due by 8/1/2005. Discovery due by 12/17/2005. Dispositive Motions due by 1/27/2006. Signed by Judge Joseph J. Farnan, Jr. on 03/24/05. (afb, ) (Entered: 03/28/2005)

ANSWERING BRIEF in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter (Plaintiffs' Motion To Dismiss Counterclaim) filed by Barr Laboratories, Inc..Reply Brief due date per Local Rules is 4/1/2005. (Morse, Richard) (Entered: 03/25/2005)

Track Case Updates

Cephalon Inc.

Barr Laboratories, Inc.

University of Utah Research Foundation