Eli Lilly and Company v. Dr. Reddy's Laboratories, Ltd

Appeal docketed. Received: 07/02/2018. [534027]Entry of Appearance due 07/20/2018. Certificate of Interest is due on 07/20/2018. Docketing Statement due 07/20/2018. Appellant/Petitioner's brief is due 09/04/2018. [CMP] [Entered: 07/06/2018 11:47 AM]

2018-07-06

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ORDER filed. The appeal is deactivated. Within 30 days of the district court’s ruling on the appellants’ Rule 59(e) motion, the parties are directed to inform this court how they believe this appeal should proceed. Service: 07/20/2018 by clerk. [537205] [NL] [Entered: 07/20/2018 10:32 AM]

2018-07-20

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Entry of appearance for Calvin Alexander Shank as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537361] [18-2128] [Calvin Shank] [Entered: 07/20/2018 01:58 PM]

2018-07-20

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Entry of appearance for John C. O'Quinn as principal counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537366] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:00 PM]

2018-07-20

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Entry of appearance for William H. Burgess as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537368] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:01 PM]

2018-07-20

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Entry of appearance for Charles A. Weiss as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537369] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:03 PM]

2018-07-20

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Entry of appearance for Merri C. Moken as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537370] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:04 PM]

2018-07-20

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Entry of appearance for Jeffery B. Arnold as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537372] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:06 PM]

2018-07-20

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Docketing Statement for the Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537374] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:08 PM]

2018-07-20

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Certificate of Interest for the Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537375] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:10 PM]

2018-07-20

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Entry of appearance for Adam L. Perlman as principal counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537495] [18-2128] [Adam Perlman] [Entered: 07/20/2018 04:52 PM]

2018-07-20

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Certificate of Interest for the Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537500] [18-2128] [Adam Perlman] [Entered: 07/20/2018 04:55 PM]

2018-07-20

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Docketing Statement for the Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537511] [18-2128] [Adam Perlman] [Entered: 07/20/2018 05:07 PM]

2018-07-20

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Entry of appearance for David M. Krinsky as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537513] [18-2128] [David Krinsky] [Entered: 07/20/2018 05:12 PM]

2018-07-20

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Entry of appearance for Galina I. Fomenkova as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537517] [18-2128] [Galina Fomenkova] [Entered: 07/20/2018 05:15 PM]

2018-07-20

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Entry of appearance for Charles L. McCloud as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537520] [18-2128] [Charles McCloud] [Entered: 07/20/2018 05:19 PM]

2018-07-20

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Entry of appearance for Andrew P. Lemens as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537522] [18-2128] [Andrew Lemens] [Entered: 07/20/2018 05:23 PM]

2018-07-20

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Clerk Order

2018-07-20

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: The address and contact information on the entry of appearance for Calvin A. Shank [3], Merri C. Moken [7], and Jeffery B. Arnold [8] do not match the information on the attorneys' user accounts. CORRECTION: Please update as needed to ensure the firm, email, and contact information in the PACER Service Center user account matches each entry of appearance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [537560] [SJL] [Entered: 07/23/2018 08:49 AM]

2018-07-23

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Entry of appearance for James P. Leeds as of counsel for Appellee Eli Lilly and Company. Service: 07/31/2018 by email. [539882] [18-2128] [James Leeds] [Entered: 07/31/2018 05:15 PM]

2018-07-31

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Amended Notice of Appeal for Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc.. Service: 08/01/2018 by email. [540795] [CMP] [Entered: 08/03/2018 04:53 PM]

2018-08-02

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Letter from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Proposed conduct of proceedings for appeal in light of resolution of Rule 59(e) motion and entry of amended final judgment (see ECF Doc. #2). Service: 08/06/2018 by email. [540902] [18-2128] [Calvin Shank] [Entered: 08/06/2018 11:53 AM]

2018-08-06

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ORDER filed. Appeal No. 2018-2128 is reactivated. Dr. Reddy's opening brief is due no later than 60 days from the date of filing of this order. The above-captioned appeals shall be considered companion cases and assigned to the same merits panel. Service: 08/07/2018 by clerk. [541325] [18-2128, 18-2126] [LMS] [Entered: 08/07/2018 03:28 PM]

2018-08-07

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Entry of appearance for Dov P. Grossman as of counsel for Appellee Eli Lilly and Company. Service: 08/07/2018 by email. [541370] [18-2128] [Dov Grossman] [Entered: 08/07/2018 05:47 PM]

2018-08-07

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Clerk Order

2018-08-07

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Entry of appearance for Eric H. Yecies as of counsel counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 10/04/2018 by email. [555021] [18-2128] --[Edited 10/04/2018 by CAB to correct docket text] [Eric Yecies] [Entered: 10/04/2018 03:56 PM]

2018-10-04

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TENDERED from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Title: OPENING BRIEF. Service: 10/09/2018 by email. [555820] [18-2128] [William Burgess] [Entered: 10/09/2018 07:46 PM]

2018-10-09

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TENDERED from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Title: CONFIDENTIAL OPENING BRIEF Service: 10/09/2018 by email. [555822] [18-2128] [William Burgess] [Entered: 10/09/2018 07:48 PM]

2018-10-09

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CONFIDENTIAL BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. [26]. Number of Pages: 75. Service: 10/09/2018 by email, US mail. The paper copies of the brief should be received by the court on or before 10/30/2018. [559585] This brief has been corrected. See Doc No.[61] [JB] [Entered: 10/23/2018 02:06 PM]

2018-10-09

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BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. [25]. Number of Pages: 75. Service: 10/09/2018 by email. Appellee Eli Lilly and Company brief is due 11/19/2018. [559588] This brief has been corrected. See Doc No.[68] [JB] [Entered: 10/23/2018 02:11 PM]

2018-10-09

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Entry of appearance for Brian T. Burgess as principal counsel for Actavis LLC. Service: 10/16/2018 by email. [557658] [18-2128] [Brian Burgess] [Entered: 10/16/2018 02:36 PM]

2018-10-16

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Entry of appearance for Linnea P. Cipriano as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557665] [18-2128] [Linnea Cipriano] [Entered: 10/16/2018 02:41 PM]

2018-10-16

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Entry of appearance for Edwina Clarke as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557669] [18-2128] [Edwina Clarke] [Entered: 10/16/2018 02:48 PM]

2018-10-16

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Entry of appearance for Emily L. Rapalino as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557672] [18-2128] [Emily Rapalino] [Entered: 10/16/2018 02:50 PM]

2018-10-16

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Entry of appearance for Daryl L. Wiesen as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557675] [18-2128] [Daryl Wiesen] [Entered: 10/16/2018 02:52 PM]

2018-10-16

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TENDERED from Actavis LLC Title: AMICUS CURIAE BRIEF. Service: 10/16/2018 by email. [557695] [18-2128] [Brian Burgess] [Entered: 10/16/2018 03:06 PM]

2018-10-16

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AMICUS BRIEF FILED for Actavis LLC [32]. Number of Pages: 30. Service: 10/16/2018 by email. The paper copies of the brief should be received by the court on or before 10/30/2018. [559599] [JB] [Entered: 10/23/2018 02:28 PM]

2018-10-16

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MOTION of Appellee Eli Lilly and Company to extend the time to 12/03/2018 to file the Brief of Appellee. [Consent: unopposed]. Service: 10/18/2018 by email. [558634] [18-2128] [Adam Perlman] [Entered: 10/18/2018 09:14 PM]

2018-10-18

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Clerk's Note to the File: Actavis LLC is advised that a Certificate of Interest needs to be filed. While one was submitted in the brief, it needs to be entered on the docket sheet as an independent entry to satisfy the rule. (Ref: Brief, [32]) [559604] [JB] [Entered: 10/23/2018 02:32 PM]

2018-10-23

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TEXT ONLY ORDER granting motion to extend time to file brief [33] filed by Appellee Eli Lilly and Company. Brief is due 12/03/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [559608] [JB] [Entered: 10/23/2018 02:36 PM]

2018-10-23

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: motion to extend time to file brief [33] did not contain a certificate of compliance pursuant to FRAP 32(g)(1). CORRECTION: All motions require a certificate of compliance with the word count. Please ensure future motions contain this requirement. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [559611] [JB] [Entered: 10/23/2018 02:39 PM]

2018-10-23

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Certificate of Interest for the Amicus Curiae Actavis LLC. Service: 10/23/2018 by email. [559639] [18-2128] [Brian Burgess] [Entered: 10/23/2018 03:04 PM]

2018-10-23

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Clerk Order Filed

2018-10-23

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6 paper copies of the Amicus Brief [36] received from Amicus Curiae Actavis LLC. [560269] [CJF] [Entered: 10/25/2018 09:07 AM]

2018-10-24

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6 paper copies of the Confidential Opening Brief [34] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [561303] [CJF] [Entered: 10/30/2018 12:55 PM]

2018-10-29

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MODIFIED ENTRY: BRIEF FILED for Appellee Eli Lilly and Company. Number of Pages: 70. Service: 12/03/2018 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [569463] --[Edited 12/12/2018 by JBR - compliance review complete] [Adam Perlman] [Entered: 12/03/2018 09:44 PM]

2018-12-03

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MOTION of Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. to extend the time to 01/16/2019 to file the Appellants' Reply Brief. [Consent: unopposed]. Service: 12/06/2018 by email. [569938] [18-2128] [William Burgess] [Entered: 12/06/2018 02:49 PM]

2018-12-06

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TEXT ONLY ORDER granting motion to extend time to file brief [44] filed by Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Brief is due 01/16/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [571266] [JB] [Entered: 12/12/2018 12:16 PM]

2018-12-12

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Clerk Order Filed

2018-12-12

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MODIFIED ENTRY: REPLY BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Number of Pages: 38. Service: 01/16/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [578751] --[Edited 01/17/2019 by MMA - Reason: compliance review complete] [William Burgess] [Entered: 01/16/2019 05:27 PM]

2019-01-16

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FILED from Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Title: CONFIDENTIAL JOINT APPENDIX. Service: 01/23/2019 by email. [580349] [18-2128] This document is non-compliant. See Doc No.[51] [Calvin Shank] [Entered: 01/23/2019 07:46 PM]

2019-01-23

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FILED from Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Title: JOINT APPENDIX. Service: 01/23/2019 by email. [580351] [18-2128] This document is non-compliant. See Doc No.[51] [Calvin Shank] [Entered: 01/23/2019 07:49 PM]

2019-01-23

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Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Service: 01/23/2019 by email. [580352] [18-2128] [Calvin Shank] [Entered: 01/23/2019 07:51 PM]

2019-01-23

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Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Service: 01/23/2019 by email. [580354] [18-2128] [Calvin Shank] [Entered: 01/23/2019 07:55 PM]

2019-01-23

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NOTICE OF NON-COMPLIANCE: The submissions of Appellants Dr. Reddy's Laboratories, Inc., Dr. Reddy's Laboratories, Ltd. and Appellee Eli Lilly and Company, Joint Appendix; Confidential Joint Appendix [47], [48], are not in compliance with the rules of this court (see attached). Compliant documents due on 01/31/2019. Service as of this date by the Clerk of Court.[580427] [JAL] [Entered: 01/24/2019 10:01 AM]

2019-01-24

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MODIFIED ENTRY: CORRECTED CONFIDENTIAL JOINT APPENDIX FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. and Appellee Eli Lilly and Company. Number of Pages: 1064. Service: 01/30/2019 by US mail, email. [582261]--[Edited 01/31/2019 by JAL - Compliance review complete] This brief has been corrected. See Doc No.[63] [Calvin Shank] [Entered: 01/30/2019 09:32 PM]

2019-01-30

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MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. and Appellee Eli Lilly and Company. Number of Pages: 1021. Service: 01/30/2019 by email. [582262] --[Edited 01/31/2019 by JAL - Compliance review complete] This brief has been corrected. See Doc No.[64] [Calvin Shank] [Entered: 01/30/2019 09:39 PM]

2019-01-30

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Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [582340] [JAL] [Entered: 01/31/2019 10:50 AM]

2019-01-31

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Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The notice of conflict with oral argument is due on or before 02/07/2019. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [582341] --[Edited 02/01/2019 by CAB to attach corrected Notice] [JAL] [Entered: 01/31/2019 10:51 AM]

2019-01-31

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Notice from Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. regarding conflicts with oral argument. Service: 02/04/2019 by email. [583030] [18-2128] [John O'Quinn] [Entered: 02/04/2019 10:13 AM]

2019-02-04

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Notice from Appellee Eli Lilly and Company regarding conflicts with oral argument. Service: 02/04/2019 by email. [583083] [18-2128] [Adam Perlman] [Entered: 02/04/2019 11:48 AM]

2019-02-04

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6 paper copies of the Reply Brief [46] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [583496] [CJF] [Entered: 02/05/2019 01:40 PM]

2019-02-05

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6 paper copies of the Opening Response Brief [43] received from Appellee Eli Lilly and Company. [583533] [CJF] [Entered: 02/05/2019 02:57 PM]

2019-02-05

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Notice of Correction to the Opening Brief Doc No. [34], Opening Brief Doc No. [35], confidential Brief Doc No. [52], appendix Brief Doc No. [52], Brief Doc No. [53], appendix Brief Doc No. [53] for Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.. Service: 02/07/2019 by email. [584124] [18-2128] [Calvin Shank] [Entered: 02/07/2019 02:32 PM]

2019-02-07

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MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Number of Pages: 75. Service: 02/07/2019 by U.S. mail, email. [584129]--[Edited 02/11/2019 by JAL - Compliance review complete] [Calvin Shank] [Entered: 02/07/2019 02:39 PM]

2019-02-07

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FILED from Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.. Title: CORRECTED OPENING BRIEF. Service: 02/07/2019 by email. [584134] [18-2128] This document is non-compliant. See Doc No.[67] [Calvin Shank] [Entered: 02/07/2019 02:48 PM]

2019-02-07

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MODIFIED ENTRY: CORRECTED CONFIDENTIAL JOINT APPENDIX FILED for Appellants Dr. Reddy's Laboratories, Inc., Dr. Reddy's Laboratories, Ltd., and Appellee Eli Lilly and Company. Number of Pages: 1069. Service: 02/07/2019 by email, US mail. [584139]--[Edited 02/11/2019 by JAL - Compliance review complete] [Calvin Shank] [Entered: 02/07/2019 03:07 PM]

2019-02-07

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MODIFIED ENTRY: CORRECTED JOINT APPENDIX FILED for Appellants Dr. Reddy's Laboratories, Inc., Dr. Reddy's Laboratories, Ltd., and Appellee Eli Lilly and Company. Number of Pages: 1026. Service: 02/07/2019 by email. [584141]--[Edited 02/11/2019 by JAL - Compliance review complete] [Calvin Shank] [Entered: 02/07/2019 03:13 PM]

2019-02-07

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6 paper copies of the Corrected Confidential Joint Appendix Brief (Vol. I - II) [52] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [584161] [CJF] [Entered: 02/07/2019 04:22 PM]

2019-02-07

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6 paper copies of the Corrected Confidential Opening Brief [61] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [584479] [CJF] [Entered: 02/08/2019 01:01 PM]

2019-02-08

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NOTICE OF NON-COMPLIANCE: The submission of Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd., Corrected Opening Brief [62], is not in compliance with the rules of this court (see attached). Compliant document due on 02/19/2019. Service as of this date by the Clerk of Court.[584739] [JAL] [Entered: 02/11/2019 11:19 AM]

2019-02-11

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MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Number of Pages: 75. Service: 02/11/2019 by email. [585035]--[Edited 02/13/2019 by JAL - Compliance review complete] [Calvin Shank] [Entered: 02/11/2019 11:11 PM]

2019-02-11

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Amended Entry of appearance for John C. O'Quinn as principal counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592675] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:11 PM]

2019-03-13

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Amended Entry of appearance for William H. Burgess as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592676] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:14 PM]

2019-03-13

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Amended Entry of appearance for Calvin Alexander Shank as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592677] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:15 PM]

2019-03-13

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Notice from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. regarding conflicts with oral argument. Service: 03/13/2019 by email. [592678] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:18 PM]

2019-03-13

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NOTICE OF ORAL ARGUMENT. Panel: 1906B. Case scheduled Jun 03, 2019 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 402. Response to Notice of Oral Argument due: 05/15/2019. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [601850] [JAB] [Entered: 04/22/2019 11:39 AM]

2019-04-22

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Response to notice of oral argument from the Appellee Eli Lilly and Company. [602082] [18-2128] [Adam Perlman] [Entered: 04/22/2019 04:09 PM]

2019-04-22

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Response to notice of oral argument from the Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.. [607376] [18-2128] [John O'Quinn] [Entered: 05/15/2019 09:02 AM]

2019-05-15

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Submitted after ORAL ARGUMENT by John C. O'Quinn for Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. and Adam Lawrence Perlman for Eli Lilly and Company. Panel: Judge: Lourie, Judge: Moore, Judge: Taranto. [610956] [JAB] [Entered: 06/03/2019 12:51 PM]

2019-06-03

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OPINION filed for the court by Lourie, Circuit Judge; Moore, Circuit Judge and Taranto, Circuit Judge. Precedential Opinion. [627172] [18-2126, 18-2127, 18-2128] [JAB] [Entered: 08/09/2019 09:56 AM]

2019-08-09

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Each side bears its own costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [627174] [JAB] [Entered: 08/09/2019 10:00 AM]

2019-08-09

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Petition for en banc rehearing filed by Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 09/09/2019 by email. The paper copies of the petition must be filed within two business days (see Fed. Cir. R. 35(c)(4).The required paper copies should be received by the court on or before 09/11/2019 [634101] [18-2128] [William Burgess] [Entered: 09/09/2019 03:34 PM]

2019-09-09

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18 paper copies of the petition for en banc rehearing [79] received from Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. [634779] [MJL] [Entered: 09/11/2019 03:38 PM]

2019-09-11

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MOTION of Appellee Eli Lilly and Company to withdraw counsel Galina I. Fomenkova [Consent: unopposed]. Service: 09/20/2019 by email. [637140] [18-2128] [Andrew Lemens] [Entered: 09/20/2019 03:44 PM]

2019-09-20

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TEXT ONLY ORDER granting motion to withdraw attorney Galina I. Fomenkova [81] filed by Appellee Eli Lilly and Company. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [637262] [JAB] [Entered: 09/23/2019 08:14 AM]

2019-09-23

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Entry of appearance for William M. Jay as principal counsel for Association for Accessible Medicines. Service: 09/23/2019 by email. [637617] [18-2128] [William Jay] [Entered: 09/23/2019 07:31 PM]

2019-09-23

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Entry of appearance for Brian Burgess as of counsel for Association for Accessible Medicines. Service: 09/23/2019 by email. [637619] [18-2128] [Brian Burgess] [Entered: 09/23/2019 07:40 PM]

2019-09-23

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MOTION of Association for Accessible Medicines for leave to file amicus brief in support of Appellant on petition for en banc rehearing [79] [Consent: unopposed]. Service: 09/23/2019 by email. [637625] [18-2128] [Brian Burgess] [Entered: 09/23/2019 08:18 PM]

2019-09-23

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FILED from Association for Accessible Medicines Title: AMICUS CURIAE BRIEF. Service: 09/23/2019 by email. [637628] [18-2128] This document is non-compliant. See Doc. No. [87]. [Brian Burgess] [Entered: 09/23/2019 08:21 PM]

2019-09-23

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NOTICE OF NON-COMPLIANCE: The submission of Association for Accessible Medicines, Amicus Curiae Brief [86], is not in compliance with the rules of this court (see attached). Compliant document due on 10/02/2019. Service as of this date by the Clerk of Court. [637944] [JAB] [Entered: 09/25/2019 08:03 AM]

2019-09-25

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Entry of appearance for Jeffrey Francer as of counsel for Association for Accessible Medicines. Service: 09/25/2019 by email. [638178] [18-2128] [Jeffrey Francer] [Entered: 09/25/2019 01:39 PM]

2019-09-25

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CORRECTED AMICUS CURIAE BRIEF from Association for Accessible Medicines. Service: 09/25/2019 by email. [638191] [18-2128] [Brian Burgess] [Entered: 09/25/2019 01:51 PM]

2019-09-25

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ORDER filed granting motion leave to file amicus brief on en banc or rehearing petition [637622-2] in 18-2126, granting motion leave to file amicus brief on en banc or rehearing petition [85] in 18-2128. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [638407] [18-2126, 18-2128] [JAB] [Entered: 09/26/2019 10:55 AM]

2019-09-26

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CORRECTED AMICUS BRIEF FILED on Petition for Association for Accessible Medicines. Pages: 12. Service: 09/25/2019 by email. The filer is directed to submit the appropriate number of copies within two days. [638410] [JAB] [Entered: 09/26/2019 11:03 AM]

2019-09-26

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18 paper copies of the Corrected Amicus Brief [91] received from Amicus Curiae Association for Accessible Medicines. [638829] [CJF] [Entered: 09/27/2019 03:03 PM]

2019-09-27

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The court invites a response from Appellee Eli Lilly and Company to the petition for en banc rehearing filed by Appellants in 18-2128. The response is due on or before 10/23/2019. [641262] [JAB] [Entered: 10/09/2019 10:33 AM]

2019-10-09

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MOTION of Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. to withdraw counsel Jeffery Arnold [Consent: unopposed]. Service: 10/15/2019 by email. [642393] [18-2128] [Charles Weiss] [Entered: 10/15/2019 03:59 PM]

2019-10-15

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TEXT ONLY ORDER granting motion [94] to withdraw attorney Jeffery B. Arnold as counsel for Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [642422] [MJL] [Entered: 10/15/2019 04:30 PM]

2019-10-15

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CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellants' motion [94] did not include a certificate of compliance. CORRECTION: Pursuant to FRAP 32(g)(1), motions must contain a certificate of compliance with the word count. Please ensure future motions include this certificate. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [642426] [MJL] [Entered: 10/15/2019 04:36 PM]

2019-10-15

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RESPONSE of Appellee Eli Lilly and Company to the petition [79] filed by Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 10/23/2019 by email. [644296] [18-2128] [Adam Perlman] [Entered: 10/23/2019 07:12 PM]

2019-10-23

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18 paper copies of the response [97] received from Appellee Eli Lilly and Company. [644738] [JAB] [Entered: 10/25/2019 12:02 PM]

2019-10-25

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MOTION of Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. to withdraw counsel Merri C. Moken [Consent: unopposed]. Service: 10/29/2019 by email. [645573] [18-2128] [Charles Weiss] [Entered: 10/29/2019 03:18 PM]

2019-10-29

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TEXT ONLY ORDER granting motion to withdraw attorney Merri C. Moken [99] filed by Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [645588] [JAB] [Entered: 10/29/2019 03:44 PM]

2019-10-29

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ORDER filed denying [79] petition for en banc rehearing filed by Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. By: En Banc (Per Curiam). Service as of this date by the Clerk of Court. [648077] [JAB] [Entered: 11/08/2019 11:17 AM]

2019-11-08

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Mandate issued to the United States District Court for the Southern District of Indiana. Service as of this date by the Clerk of Court. [649603] [JAB] [Entered: 11/15/2019 10:45 AM]

2019-11-15

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Notice from the Supreme Court of the United States: The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to The Chief Justice, who on January 24, 2020, extended the time to and including February 24, 2020. [667481] [JAB] [Entered: 01/31/2020 08:09 AM]

2020-01-29

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Petition for writ of Certiorari filed on 02/24/2020, and placed on the docket 02/26/2020, in the Supreme Court of the United States. Supreme Court #: 19-1061, Dr. Reddy's Laboratories, Ltd., et al. v. Eli Lilly and Company. [674928] [JAB] [Entered: 02/27/2020 03:31 PM]

2020-02-27

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The petition for writ of certiorari, [19-1061], filed on 02/24/2020, was Denied on 06/15/2020. [701226] [JAB] [Entered: 06/15/2020 03:37 PM]

2020-06-15

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Overview

Parties

Amicus Curiae

ASSOCIATION FOR ACCESSIBLE MEDICINES Follow

Represented By

ACTAVIS LLC Follow

Represented By

Plaintiff - Appellee

ELI LILLY AND COMPANY Follow

Represented By

Defendant - Appellant

DR. REDDY'S LABORATORIES, INC. Follow

Represented By

DR. REDDY'S LABORATORIES, LTD. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 07/02/2018. [534027]Entry of Appearance due 07/20/2018. Certificate of Interest is due on 07/20/2018. Docketing Statement due 07/20/2018. Appellant/Petitioner's brief is due 09/04/2018. [CMP] [Entered: 07/06/2018 11:47 AM]

ORDER filed. The appeal is deactivated. Within 30 days of the district court’s ruling on the appellants’ Rule 59(e) motion, the parties are directed to inform this court how they believe this appeal should proceed. Service: 07/20/2018 by clerk. [537205] [NL] [Entered: 07/20/2018 10:32 AM]

Entry of appearance for Calvin Alexander Shank as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537361] [18-2128] [Calvin Shank] [Entered: 07/20/2018 01:58 PM]

Entry of appearance for John C. O'Quinn as principal counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537366] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:00 PM]

Entry of appearance for William H. Burgess as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537368] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:01 PM]

Entry of appearance for Charles A. Weiss as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537369] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:03 PM]

Entry of appearance for Merri C. Moken as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537370] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:04 PM]

Entry of appearance for Jeffery B. Arnold as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537372] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:06 PM]

Docketing Statement for the Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537374] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:08 PM]

Certificate of Interest for the Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 07/20/2018 by email. [537375] [18-2128] [Calvin Shank] [Entered: 07/20/2018 02:10 PM]

Entry of appearance for Adam L. Perlman as principal counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537495] [18-2128] [Adam Perlman] [Entered: 07/20/2018 04:52 PM]

Certificate of Interest for the Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537500] [18-2128] [Adam Perlman] [Entered: 07/20/2018 04:55 PM]

Docketing Statement for the Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537511] [18-2128] [Adam Perlman] [Entered: 07/20/2018 05:07 PM]

Entry of appearance for David M. Krinsky as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537513] [18-2128] [David Krinsky] [Entered: 07/20/2018 05:12 PM]

Entry of appearance for Galina I. Fomenkova as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537517] [18-2128] [Galina Fomenkova] [Entered: 07/20/2018 05:15 PM]

Entry of appearance for Charles L. McCloud as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537520] [18-2128] [Charles McCloud] [Entered: 07/20/2018 05:19 PM]

Entry of appearance for Andrew P. Lemens as of counsel for Appellee Eli Lilly and Company. Service: 07/20/2018 by email. [537522] [18-2128] [Andrew Lemens] [Entered: 07/20/2018 05:23 PM]

Clerk Order

Entry of appearance for James P. Leeds as of counsel for Appellee Eli Lilly and Company. Service: 07/31/2018 by email. [539882] [18-2128] [James Leeds] [Entered: 07/31/2018 05:15 PM]

Amended Notice of Appeal for Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc.. Service: 08/01/2018 by email. [540795] [CMP] [Entered: 08/03/2018 04:53 PM]

Entry of appearance for Dov P. Grossman as of counsel for Appellee Eli Lilly and Company. Service: 08/07/2018 by email. [541370] [18-2128] [Dov Grossman] [Entered: 08/07/2018 05:47 PM]

Clerk Order

Entry of appearance for Eric H. Yecies as of counsel counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 10/04/2018 by email. [555021] [18-2128] --[Edited 10/04/2018 by CAB to correct docket text] [Eric Yecies] [Entered: 10/04/2018 03:56 PM]

TENDERED from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Title: OPENING BRIEF. Service: 10/09/2018 by email. [555820] [18-2128] [William Burgess] [Entered: 10/09/2018 07:46 PM]

TENDERED from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Title: CONFIDENTIAL OPENING BRIEF Service: 10/09/2018 by email. [555822] [18-2128] [William Burgess] [Entered: 10/09/2018 07:48 PM]

BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. [25]. Number of Pages: 75. Service: 10/09/2018 by email. Appellee Eli Lilly and Company brief is due 11/19/2018. [559588] This brief has been corrected. See Doc No.[68] [JB] [Entered: 10/23/2018 02:11 PM]

Entry of appearance for Brian T. Burgess as principal counsel for Actavis LLC. Service: 10/16/2018 by email. [557658] [18-2128] [Brian Burgess] [Entered: 10/16/2018 02:36 PM]

Entry of appearance for Linnea P. Cipriano as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557665] [18-2128] [Linnea Cipriano] [Entered: 10/16/2018 02:41 PM]

Entry of appearance for Edwina Clarke as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557669] [18-2128] [Edwina Clarke] [Entered: 10/16/2018 02:48 PM]

Entry of appearance for Emily L. Rapalino as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557672] [18-2128] [Emily Rapalino] [Entered: 10/16/2018 02:50 PM]

Entry of appearance for Daryl L. Wiesen as of counsel for Actavis LLC. Service: 10/16/2018 by email. [557675] [18-2128] [Daryl Wiesen] [Entered: 10/16/2018 02:52 PM]

TENDERED from Actavis LLC Title: AMICUS CURIAE BRIEF. Service: 10/16/2018 by email. [557695] [18-2128] [Brian Burgess] [Entered: 10/16/2018 03:06 PM]

AMICUS BRIEF FILED for Actavis LLC [32]. Number of Pages: 30. Service: 10/16/2018 by email. The paper copies of the brief should be received by the court on or before 10/30/2018. [559599] [JB] [Entered: 10/23/2018 02:28 PM]

MOTION of Appellee Eli Lilly and Company to extend the time to 12/03/2018 to file the Brief of Appellee. [Consent: unopposed]. Service: 10/18/2018 by email. [558634] [18-2128] [Adam Perlman] [Entered: 10/18/2018 09:14 PM]

Clerk's Note to the File: Actavis LLC is advised that a Certificate of Interest needs to be filed. While one was submitted in the brief, it needs to be entered on the docket sheet as an independent entry to satisfy the rule. (Ref: Brief, [32]) [559604] [JB] [Entered: 10/23/2018 02:32 PM]

Certificate of Interest for the Amicus Curiae Actavis LLC. Service: 10/23/2018 by email. [559639] [18-2128] [Brian Burgess] [Entered: 10/23/2018 03:04 PM]

Clerk Order Filed

6 paper copies of the Amicus Brief [36] received from Amicus Curiae Actavis LLC. [560269] [CJF] [Entered: 10/25/2018 09:07 AM]

6 paper copies of the Confidential Opening Brief [34] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [561303] [CJF] [Entered: 10/30/2018 12:55 PM]

MOTION of Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. to extend the time to 01/16/2019 to file the Appellants' Reply Brief. [Consent: unopposed]. Service: 12/06/2018 by email. [569938] [18-2128] [William Burgess] [Entered: 12/06/2018 02:49 PM]

Clerk Order Filed

FILED from Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Title: CONFIDENTIAL JOINT APPENDIX. Service: 01/23/2019 by email. [580349] [18-2128] This document is non-compliant. See Doc No.[51] [Calvin Shank] [Entered: 01/23/2019 07:46 PM]

FILED from Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Title: JOINT APPENDIX. Service: 01/23/2019 by email. [580351] [18-2128] This document is non-compliant. See Doc No.[51] [Calvin Shank] [Entered: 01/23/2019 07:49 PM]

Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Service: 01/23/2019 by email. [580352] [18-2128] [Calvin Shank] [Entered: 01/23/2019 07:51 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellants Dr. Reddy's Laboratories, Ltd., Dr. Reddy's Laboratories, Inc. and Appellee Eli Lilly and Company. Service: 01/23/2019 by email. [580354] [18-2128] [Calvin Shank] [Entered: 01/23/2019 07:55 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [582340] [JAL] [Entered: 01/31/2019 10:50 AM]

Notice from Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. regarding conflicts with oral argument. Service: 02/04/2019 by email. [583030] [18-2128] [John O'Quinn] [Entered: 02/04/2019 10:13 AM]

Notice from Appellee Eli Lilly and Company regarding conflicts with oral argument. Service: 02/04/2019 by email. [583083] [18-2128] [Adam Perlman] [Entered: 02/04/2019 11:48 AM]

6 paper copies of the Reply Brief [46] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [583496] [CJF] [Entered: 02/05/2019 01:40 PM]

6 paper copies of the Opening Response Brief [43] received from Appellee Eli Lilly and Company. [583533] [CJF] [Entered: 02/05/2019 02:57 PM]

FILED from Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.. Title: CORRECTED OPENING BRIEF. Service: 02/07/2019 by email. [584134] [18-2128] This document is non-compliant. See Doc No.[67] [Calvin Shank] [Entered: 02/07/2019 02:48 PM]

6 paper copies of the Corrected Confidential Joint Appendix Brief (Vol. I - II) [52] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [584161] [CJF] [Entered: 02/07/2019 04:22 PM]

6 paper copies of the Corrected Confidential Opening Brief [61] received from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. [584479] [CJF] [Entered: 02/08/2019 01:01 PM]

MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. Number of Pages: 75. Service: 02/11/2019 by email. [585035]--[Edited 02/13/2019 by JAL - Compliance review complete] [Calvin Shank] [Entered: 02/11/2019 11:11 PM]

Amended Entry of appearance for John C. O'Quinn as principal counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592675] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:11 PM]

Amended Entry of appearance for William H. Burgess as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592676] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:14 PM]

Amended Entry of appearance for Calvin Alexander Shank as of counsel for Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.. Service: 03/13/2019 by email. [592677] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:15 PM]

Notice from Appellants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. regarding conflicts with oral argument. Service: 03/13/2019 by email. [592678] [18-2128] [John O'Quinn] [Entered: 03/13/2019 07:18 PM]

Response to notice of oral argument from the Appellee Eli Lilly and Company. [602082] [18-2128] [Adam Perlman] [Entered: 04/22/2019 04:09 PM]

Response to notice of oral argument from the Appellants Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.. [607376] [18-2128] [John O'Quinn] [Entered: 05/15/2019 09:02 AM]

Submitted after ORAL ARGUMENT by John C. O'Quinn for Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd. and Adam Lawrence Perlman for Eli Lilly and Company. Panel: Judge: Lourie, Judge: Moore, Judge: Taranto. [610956] [JAB] [Entered: 06/03/2019 12:51 PM]

ASSOCIATION FOR ACCESSIBLE MEDICINES

ACTAVIS LLC

ELI LILLY AND COMPANY

DR. REDDY'S LABORATORIES, INC.

DR. REDDY'S LABORATORIES, LTD.