Gilead Sciences, Inc. v. Lupin Limited

Application Number	Patent Number	External Links
-	US6703396	Espacenet Google Patents
-	US6642245	Espacenet Google Patents
-	US5814639	Espacenet Google Patents

COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

2012-08-16

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COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

2012-08-16

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COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

2012-08-16

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COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

2012-08-16

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STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 08/20/2012)

2012-08-16

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WAIVER OF SERVICE RETURNED EXECUTED. Lupin Limited waiver sent on 8/21/2012, answer due 11/19/2012. Document filed by Emory University; Gilead Sciences, Inc.,. (Lieber, Natalie) (Entered: 08/22/2012)

2012-08-22

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NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 08/23/2012)

2012-08-23

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NOTICE OF APPEARANCE by Jason Elton Johnson on behalf of Emory University, Gilead Sciences, Inc., (Johnson, Jason) (Entered: 09/19/2012)

2012-09-19

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NOTICE OF CHANGE OF ADDRESS by Mary Regina Phillips on behalf of Lupin Limited. New Address: Goldberg Segalla LLP, 11 Martine Avenue, Suite 750, White Plains, New York, USA 10606, 914-798-5400. (Phillips, Mary) (Entered: 10/22/2012)

2012-10-22

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NOTICE OF APPEARANCE by Mary Regina Phillips on behalf of Lupin Limited (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

2012-10-22

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lupin Limited. (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

2012-10-22

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ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Emory University, Gilead Sciences, Inc.,. Document filed by Lupin Limited. (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

2012-10-22

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ORDER: Accordingly, it is HEREBY ORDERED that the initial conference is adjourned. Instead, IT IS ORDERED THAT the parties in each of the above captioned cases shall comply with the conference schedule set forth below.The parties are HEREBY ORDERED to appear for a status conference on December 14,2012, at 3:30p.m. in Courtroom 21C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York.IT IS FURTHER ORDERED THAT, by December 7, 2012, at 4:00p.m., the parties to the Cipla cases and the parties to the Lupin cases shall each submit a joint letter, no to exceed five (5) pages, providing the following information in separate paragraphs. IT IS FURTHER ORDERED THAT, by December 7, 2012, at 4:00p.m., the parties to the Cipla cases and the parties to the Lupin cases shall each submit to the Court a proposed case management plan and scheduling order. SO ORDERED.( Status Conference set for 12/14/2012 at 03:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/05/2012) (ama) (Entered: 11/05/2012)

2012-11-05

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CERTIFICATE OF SERVICE of Order served on Lupin on 11/5/2012. Service was made by Mail. Document filed by Gilead Sciences, Inc.,. (Johnson, Jason) (Entered: 11/05/2012)

2012-11-05

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ANSWER to 9 Counterclaim. Document filed by Emory University, Gilead Sciences, Inc.,.(Larock, Adam) (Entered: 11/09/2012)

2012-11-09

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NOTICE OF APPEARANCE by Jill Catherine Owens on behalf of Lupin Limited (Owens, Jill) (Entered: 12/07/2012)

2012-12-07

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MOTION for Peter J. Curtin to Appear Pro Hac Vice for Defendant/Counterclaim Plaintiff Lupin Limited. Filing fee $ 200.00, receipt number 0208-8045347. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit Affidavit with Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order for Admission PHV)(Owens, Jill) (Entered: 12/07/2012)

2012-12-07

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Roy Chamcharas to Appear Pro Hac Vice for defendant/counterclaim plaintiff Lupin Limited. Filing fee $ 200.00, receipt number 0208-8045545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Roy Chamcharas with Certificate of Good Standing, # 2 Text of Proposed Order)(Owens, Jill) Modified on 12/10/2012 (bwa). (Entered: 12/07/2012)

2012-12-07

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ORDER ADMITTING PETER J. CURTIN, ESQ. PRO HAC VICE: granting 14 Motion for Peter J. Curtin to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 12/11/2012) (djc) (Entered: 12/12/2012)

2012-12-12

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ORDER: For the reasons stated on the record at the December 14, 2012 conference, should Defendant in No. 12 Civ. 6350 choose to file a motion to transfer venue, Defendant is HEREBY ORDERED to submit its motion and supporting memorandum no later than December 21, 2012. IT IS FURTHER ORDERED THAT the parties shall submit their revised case management plans no later than December 21, 2012. ( Motions due by 12/21/2012.) (Signed by Judge Richard J. Sullivan on 12/14/2012) (ja) (Entered: 12/17/2012)

2012-12-17

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CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order. All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. Initial disclosures pursuant to Rule 26(a)(1) will be completed not later than January 8, 2013. All fact discovery is to be completed no later than August 30, 2013. Depositions are to be completed by August 30, 2013. Initial interrogatories are to be served by January 8, 20l3. No interrogatories are to be served later than July 28, 2013. Requests to Admit are to be served by July 28,2013. The parties will exchange identification of claim terms needing construction on August 9, 2013. The parties anticipate the need to enter into a Protective Order. Plaintiffs respectfully request, to the extent that the Court's schedule permits, trial in these cases take place prior to November 13, 2014. SO ORDERED.Deposition due by 8/30/2013. Fact Discovery due by 8/30/2013. Discovery due by 3/21/2014. (Signed by Judge Richard J. Sullivan on 12/26/2012) (ama) Modified on 12/28/2012 (ama). (Entered: 12/28/2012)

2012-12-28

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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/14/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013.(Rodriguez, Somari) (Entered: 01/03/2013)

2013-01-03

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 01/03/2013)

2013-01-03

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SECOND MOTION for Roy Chamcharas to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Roy Chamcharas with Exhibit, # 2 Text of Proposed Order Admitting Roy Chamcharas Pro Hac Vice)(Owens, Jill) (Entered: 01/05/2013)

2013-01-05

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Deanne M. Mazzochi to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8115673. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Deanne M. Mazzochi with Exhibit, # 2 Text of Proposed Order)(Owens, Jill) Modified on 1/7/2013 (bwa). (Entered: 01/05/2013)

2013-01-05

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MOTION for William A. Rakoczy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8115678. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of William A. Rakoczy with Exhibits, # 2 Text of Proposed Order)(Owens, Jill) (Entered: 01/05/2013)

2013-01-05

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MOTION for Paul J. Molino, Esq. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8115682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Paul J. Molino with Exhibit, # 2 Text of Proposed Order)(Owens, Jill) (Entered: 01/05/2013)

2013-01-05

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ORDER ADMITTING PAUL J. MOLINO, ESQ. PRO HAC VICE granting 24 Motion for Paul J. Molino to Appear Pro Hac Vice. It is hereby Ordered that Paul J. Molino is admitted to practice pro hac vice to appear for all purposes as counsel to defendant/counterplaintiff, Lupin Limited. (Signed by Judge Richard J. Sullivan on 1/8/2013) (mro) (Entered: 01/09/2013)

2013-01-09

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ORDER ADMITTING WILLIAM A. RAKOCZY, ESQ. PRO HAC VICE granting 23 Motion for William A. Rakoczy to Appear Pro Hac Vice. It is hereby Ordered that William A. Rakoczy is admitted to practice pro hac vice to appear for all purposes as counsel to defendant/counterplaintiff, Lupin Limited. (Signed by Judge Richard J. Sullivan on 1/8/2013) (mro) (Entered: 01/09/2013)

2013-01-09

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ORDER ADMITTING ROY CHAMCHARAS, ESQ. PRO HAC VICE granting 21 Motion for Roy Chamcharas to Appear Pro Hac Vice. It is hereby Ordered that Roy Chamcharas is admitted to practice pro hac vice to appear for all purposes as counsel to defendant/counterplaintiff, Lupin Limited. (Signed by Judge Richard J. Sullivan on 1/8/2013) (mro) (Entered: 01/09/2013)

2013-01-09

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AMENDED MOTION for Deanne M. Mazzochi, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit Deanne M. Mazzochi with Exhibit, # 2 Text of Proposed Order)(Owens, Jill) (Entered: 01/09/2013)

2013-01-09

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ORDER ADMITTING DEANNE M. MAZZOCHI, ESQ. PRO HAC VICE granting 28 Motion for Deanne M. Mazzochi to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Deanne M. Mazzochi is admitted pro hac vice to appear for all purposes as counsel to defendant/counterclaim plaintiff, Lupin Limited. (Signed by Judge Richard J. Sullivan on 1/14/2013) (mro) (Entered: 01/15/2013)

2013-01-15

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MOTION for Brian P. Murray, Esq. to Appear Pro Hac Vice on behalf of Lupin Ltd.. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Brian P. Murray, Esq. for Admission Pro Hac Vice with Exhibit A (Certificate of Good Standing), # 2 Text of Proposed Order)(Owens, Jill) (Entered: 02/15/2013)

2013-02-15

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ORDER ADMITTING BRIAN P. MURRAY, ESQ. PRO HAC VICE: granting 30 Motion for Brian P. Murray, Esq. to Appear Pro Hac Vice. The motion of Brian P. Murray, Esq. for admission to practice pro hac vice in the above captioned action is GRANTED.(Signed by Judge Richard J. Sullivan on 5/23/2013) (ama) (Entered: 05/29/2013)

2013-05-28

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PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. Pursuant to Federal Rule of Civil Procedure 26(c), Defendant Lupin Limited ("Lupin") and Plaintiffs Gilead Sciences, Inc. and Emory University ("Plaintiffs") through their respective attorneys, hereby stipulate and agree that discovery in the above-entitled action may involve the disclosure of certain documents, things, and information in the possession, custody, or control of a party that constitute or contain trade secrets or other confidential research, development, or commercial information or other confidential information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."). Accordingly, good cause exists for the entry of this Protective Order pursuant to Fed. R. Civ. P. 26(c) to protect against improper disclosure or use of confidential information produced or disclosed in this case. Defendants and Plaintiffs therefore further stipulate and agree, subject to the approval of the Court, that the terms and conditions of this Protective Order shall govern the handling of documents, depositions, pleadings, exhibits, and all other information exchanged by the parties in this Civil Action ("Action"), or provided by or obtained from non-parties in this Action. This Addendum is an integral part of today's Order. No document may be filed under seal without a further Order of this Court addressing the documents to be sealed. Any application to seal shall be accompanied by an affidavit and memorandum of law demonstrating that the standards for sealing have been met. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). However, the redactions expressly authorized by Federal Rule of Civil Procedure 5.2 may be made without further application to this Court. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/26/2013) (ama) Modified on 8/8/2013 (ama). (Entered: 08/08/2013)

2013-07-29

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NOTICE OF APPEARANCE by Simon David Roberts on behalf of Emory University, Gilead Sciences, Inc.,. (Roberts, Simon) (Entered: 08/01/2013)

2013-08-01

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NOTICE OF APPEARANCE by Jill Catherine Owens on behalf of Lupin Limited. (Owens, Jill) (Entered: 08/07/2013)

2013-08-07

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AMENDED SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is two (2) weeks. Deposition due by 6/6/2014. Fact Discovery due by 9/27/2013. Discovery due by 6/6/2014. (Signed by Judge Richard J. Sullivan on 8/27/2013) (lmb) Modified on 8/27/2013 (lmb). (Entered: 08/27/2013)

2013-08-27

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LETTER addressed to Judge Richard J. Sullivan from Peter J. Curtin dated 9/03/2013 re: In an effort to streamline the litigation, the parties have entered into a stipulation with respect to the patents-in-suit. A copy of the stipulation is attached (Exhibit A). The parties respectfully request that the Court enter the stipulation as an Order. (ama) (Entered: 09/04/2013)

2013-09-04

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STIPULATION AND AGREEMENT REGARDING U.S. PATENT NOS. 6,703,396, 6,642,245, 5,814,639 AND 5,914,331: NOW THEREFORE: Subject to its invalidity defenses, Lupin, its successors and assigns agree that they will not assert a defense or counterclaim of non-infringement related to the products that are currently the subject of and described in ANDA No. 204131 before this Court or on appeal, for: (a) claims 1-7, 13, 15 and 16 of the '396 Patent, (b) claims 1, 2, 4, and 6 of the '245 Patent, and (c) claims 1 and 2 of the '639 Patent (all foregoing Claims of the '396, '245, and '639 Patents are collectively referred to herein as "Stipulated Claims"). The parties stipulate for the purpose of this case that, upon final approval of ANDA No. 204131, the commercial importation, manufacture, use, sale, or offer for sale within the United States of the products that currently are the subject of and as described in ANDA No. 204131 would infringe the Stipulated Claims, subject to Lupin's invalidity defenses and to the extent such claims are not invalid. And as set forth herein. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/03/2013) (ama) Modified on 9/4/2013 (ama). (Entered: 09/04/2013)

2013-09-04

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MOTION for Jeffrey A. Marx to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8937767. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Jeffrey A. Marx, Esq. in Support of Motion for Admission Pro Hac Vice w/ Exs. A & B (Certificates of Good Standing), # 2 Text of Proposed Order)(Owens, Jill) (Entered: 10/03/2013)

2013-10-03

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MOTION for Neil B. McLaughlin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8950434. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Neil B. McLaughlin in Support of Motion for Admission Pro Hac Vice with Ex. A (Certificate of Good Standing), # 2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice of Neil B. McLaughlin)(Owens, Jill) (Entered: 10/07/2013)

2013-10-07

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AMENDED MOTION to Amend/Correct 38 MOTION for Jeffrey A. Marx to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8937767. Motion and supporting papers to be reviewed by Clerk's Office staff. Corrected Proposed Order. Document filed by Lupin Limited.(Owens, Jill) (Entered: 10/07/2013)

2013-10-07

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AMENDED MOTION to Amend/Correct 40 AMENDED MOTION to Amend/Correct 38 MOTION for Jeffrey A. Marx to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8937767. Motion and supporting papers to be reviewed by Clerk's Office staff. CorreAMENDED MOTION to Amend/Correct 38 MOTION for Jeffrey A. Marx to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8937767. Motion and supporting papers to be reviewed by Clerk's Office staff. Corre Second Corrected Proposed Order. Document filed by Lupin Limited.(Owens, Jill) (Entered: 10/07/2013)

2013-10-07

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ORDER ADMITTING JEFFREY A. MARX, ESQ. PRO HAC VICE granting 40 Motion to Amend/Correct. The motion of Jeffrey A. Marx, Esq. for admission to practice pro hac vice in the above captioned action is GRANTED.(Signed by Judge Richard J. Sullivan on 10/17/2013) (ama) (Entered: 10/18/2013)

2013-10-17

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ORDER ADMITTING NEIL B. McLAUGHLIN, ESQ. PRO HAC VICE granting 39 Motion for Neil B. McLaughlin to Appear Pro Hac Vice. The motion of Neil B. McLaughlin, Esq. for admission to practice pro hac vice in the above captioned action is GRANTED.(Signed by Judge Richard J. Sullivan on 10/17/2013) (ama) (Entered: 10/18/2013)

2013-10-17

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MOTION for John J. McGuirk to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of John J. McGuirk for Admission Pro Hac Vice with Exs. A and B (Certificates of Good Standing), # 2 Text of Proposed Order)(Owens, Jill) (Entered: 11/21/2013)

2013-11-21

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ORDER ADMITTING JOHN J. MCGUIRK granting 44 Motion for John J. McGuirk to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 11/22/2013) (tro) Modified on 11/26/2013 (tro). (Entered: 11/26/2013)

2013-11-25

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SECOND AMENDED SCHEDULING ORDER: All parties do not consent to disposition of this case by Magistrate Judge, pursuant to 28 U.S.C. 636(c). No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. The parties have conferred and their present best estimate of the length of trial is two(2) weeks. Plaintiffs respectfully request, to the extent that the Court's schedule permits, trial is these cases take place prior to November 13, 2013 Deposition due by 9/27/2013. Fact Discovery due by 9/27/2013. Discovery due by 6/6/2014. (Signed by Judge Richard J. Sullivan on 12/4/2013) (js) (js). (Entered: 12/05/2013)

2013-12-04

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LETTER addressed to Judge Richard J. Sullivan from Defendants dated February 14, 2014 re: request for extension of the schedule. Document filed by Lupin Limited.(Johnson, Aaron) (Entered: 02/14/2014)

2014-02-14

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MEMO ENDORSEMENT on re: (57 in 1:12-cv-06351-RJS) Letter filed by CIPLA Limited, (39 in 1:12-cv-06294-RJS) Letter filed by Lupin Limited, (46 in 1:12-cv-06350-RJS) Letter filed by CIPLA Limited, (47 in 1:12-cv-06293-RJS) Letter filed by Lupin Limited. Defendants respectfully request that Your Honor order that the deadline for reply expert reports in all four of these cases be moved from March 14, 2014 to March 21, 2014. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/14/2014) (ama) (Entered: 02/18/2014)

2014-02-14

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MOTION for Heinz J. Salmen, Esq. to Appear Pro Hac Vice for Defendant Lupin Limited. Filing fee $ 200.00, receipt number 0208-9600353. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Heinz J. Salmen, Esq. with Ex. A (Certificate of Good Standing), # 2 Text of Proposed Order Admitting Heinz J. Salmen, Esq. Pro Hac Vice)(Owens, Jill) (Entered: 04/25/2014)

2014-04-25

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MOTION for Harven V. DeShield to Appear Pro Hac Vice for Defendant Lupin Limited. Filing fee $ 200.00, receipt number 0208-9600412. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Harven V. DeShield, Esq. for Admission Pro Hac Vice with Ex. A (Certificate of Good Standing), # 2 Text of Proposed Order Admitting Harven V. DeShield Pro Hac Vice)(Owens, Jill) (Entered: 04/25/2014)

2014-04-25

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ORDER ADMITTING HEINZ J. SALMEN, ESQ. PRO HAC VICE granting 49 Motion for Heinz J. Salmen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mr. Salmen is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Richard J. Sullivan on 4/28/2014) (cd) (Entered: 04/29/2014)

2014-04-28

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ORDER ADMITTING HARVEN V. DESHIELD, ESQ. PRO HAC VICE granting 50 Motion for Harven V. DeShield to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Mr. DeShield is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Richard J. Sullivan on 4/28/2014) (cd) (Entered: 04/29/2014)

2014-04-28

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LETTER addressed to Judge Richard J. Sullivan from Colleen Tracy dated May 8, 2014 re: Request to permit the withdrawal of Adam LaRock as counsel for Gilead and Emory. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 05/08/2014)

2014-05-08

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MEMO ENDORSEMENT on 53 Letter filed by Gilead Sciences, Inc. ENDORSEMENT: We respectfully request that the Court instruct the Docket Clerk to terminate Adam LaRock's association with this case. So Ordered. (Signed by Judge Richard J. Sullivan on 5/8/2014) (cd) (Entered: 05/09/2014)

2014-05-09

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NOTICE OF APPEARANCE by David B. Bassett on behalf of Emory University, Gilead Sciences, Inc.,. (Bassett, David) (Entered: 05/20/2014)

2014-05-20

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LETTER addressed to Judge Richard J. Sullivan from Philip Blum dated May 30, 2014 re: permission to take expert depositions beyond the expert discovery deadline. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 05/30/2014)

2014-05-30

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MEMO ENDORSEMENT on re: (56 in 1:12-cv-06293-RJS) Letter filed by Gilead Sciences, Inc., (51 in 1:12-cv-06350-RJS) LETTER MOTION for Extension of Time to take Expert Depositions addressed to Judge Richard J. Sullivan from Philip L. Blum dated May 30, 2014 filed by CIPLA Limited, (61 in 1:12-cv-06351-RJS) LETTER MOTION for Extension of Time to take Expert Depositions addressed to Judge Richard J. Sullivan from Philip L. Blum dated May 30, 2014 filed by CIPLA Limited. ENDORSEMENT: SO ORDERED (Signed by Judge Richard J. Sullivan on 5/30/2014) (ajs) (Entered: 05/30/2014)

2014-05-30

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LETTER addressed to Judge Richard J. Sullivan from Peter Shapiro dated June 9, 2014 re: Completion of all discovery, with the exception of four expert depositions. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 06/09/2014)

2014-06-09

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MEMO ENDORSEMENT on re: (58 in 1:12-cv-06293-RJS) Letter filed by Gilead Sciences, Inc., (53 in 1:12-cv-06350-RJS) Letter filed by Gilead Sciences, Inc., (63 in 1:12-cv-06351-RJS) Letter filed by Gilead Sciences, Inc. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties in the above-captioned matters shall appear for a post-discovery conference on Thursday, July 17, 2014 at 3:00 p.m. Any party seeking to file a dispositive motion shall submit a pre-motion letter no later than June 27, 2014. Responses to pre-motion letters shall be filed no later than July 2, 2014. SO ORDERED. (Status Conference set for 7/17/2014 at 03:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/10/2014) (ajs) (Entered: 06/10/2014)

2014-06-10

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NOTICE OF APPEARANCE by Natalie Dana Lieber on behalf of Emory University, Gilead Sciences, Inc.,. (Lieber, Natalie) (Entered: 06/10/2014)

2014-06-10

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MOTION for Vinita Ferrera to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9892627. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Certificate of Good Standing - MA, # 2 Certificate of Good Standing - NY, # 3 Text of Proposed Order)(Ferrera, Vinita) (Entered: 07/16/2014)

2014-07-16

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MOTION for Kate Saxton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9892785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Saxton, Katie) (Entered: 07/16/2014)

2014-07-16

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MOTION for Kate Saxton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9892785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Saxton, Katie) (Entered: 07/16/2014)

2014-07-16

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MOTION for Kate Saxton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9892785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Saxton, Katie) (Entered: 07/16/2014)

2014-07-16

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NOTICE OF CHANGE OF ADDRESS by Colleen Tracy on behalf of Emory University, Gilead Sciences, Inc.,. New Address: Mayer Brown LLP, 1675 Broadway, New York, New York, USA 10019, (212)506-2122. (Tracy, Colleen) (Entered: 07/16/2014)

2014-07-16

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ORDER FOR ADMISSION PRO HAC VICE granting 61 Motion for Vinita Ferrera to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/17/2014) (lmb) (Entered: 07/17/2014)

2014-07-17

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ORDER FOR ADMISSION PRO HAC VICE granting 62 Motion for Kate Saxton to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/17/2014) (lmb) (Entered: 07/17/2014)

2014-07-17

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ORDER: Proposed Pretrial Order due by 10/24/2014. Bench Trial set for 12/8/2014 at 09:30 AM before Judge Richard J. Sullivan. Final Pretrial Conference set for 12/4/2014 at 10:00 AM before Judge Richard J. Sullivan, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 7/17/2014) (cd) (Entered: 07/18/2014)

2014-07-18

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TRANSCRIPT of Proceedings re: CONFERENCE held on 7/17/2014 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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. Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 10/31/2014.(McGuirk, Kelly) (Entered: 07/30/2014)

2014-07-30

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/17/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/30/2014)

2014-07-30

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ORDER: Counsel for Defendant shall file notices of appearance in 14-cv-5352 no later than August 7, 2014, and Defendant shall answer the Complaint in 14-cv-5352 no later than August 22, 2014; the cases captioned 12-cv-6293 and 14-cv-5352 shall be consolidated for purposes of trial, which shall commence on December 8, 2014; the parties' pre-trial submissions shall be submitted in accordance with the schedule set forth in the Court's July 17, 2014 Order (Doc. No. 66), and shall reflect the claims and defenses asserted in both 12-cv-6293 and 14-cv-5352. (Signed by Judge Richard J. Sullivan on 8/6/2014) (tn) (Entered: 08/07/2014)

2014-08-06

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MOTION for Nicole E. Kopinski, Esq. to Appear Pro Hac Vice for Defendant/Counterclaim Plaintiff Lupin Limited. Filing fee $ 200.00, receipt number 0208-9996603. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit of Nicole E. Kopinski, Esq. for Admission Pro Hac Vice with Ex. A (Three Certificates of Good Standing), # 2 Text of Proposed Order Admitting Nicole E. Kopinski, Esq. Pro Hac Vice)(Owens, Jill) (Entered: 08/13/2014)

2014-08-13

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ORDER ADMITTING NICOLE E. KOPINSKI, ESQ. PRO HAC VICE: granting 70 Motion for Nicole E. Kopinski to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/14/2014) (cd) (Entered: 08/15/2014)

2014-08-14

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LETTER addressed to Judge Richard J. Sullivan from David B. Bassett dated September 16, 2014 re: Settlement. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Exhibit A)(Bassett, David) (Entered: 09/16/2014)

2014-09-16

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ORDER ON STIPULATION FOR DISMISSAL: Before the Court is the Stipulation for Dismissal of Plaintiffs, GILEAD SCIENCES, INC. ("Gilead") and EMORY UNIVERSITY ("Emory"), and Defendant, LUPIN LIMITED ("Lupin"). The Court being of the opinion that said motion should be GRANTED, it is hereby ORDERED, ADJUDGED and DECREED that all claims, counterclaims or causes of action asserted in this suit by and between Gilead, Emory and Lupin are hereby dismissed with prejudice. It is further ORDERED that each party shall bear its own costs, expenses and attorney's fees and that the Court shall retain exclusive jurisdiction over any dispute between the parties relating to the resolution of the Action, including for the purpose of enforcing the terms of the settlement agreement. It is further ORDERED that either party may write to the Court to reopen this matter and restore it to the active docket at any time within sixty (60) days after termination of discussions between the parties to cure any objections raised by the Federal Trade Commission and/or Department of Justice. (Signed by Judge Richard J. Sullivan on 9/16/2014) (mro) (Entered: 09/17/2014)

2014-09-17

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Overview

Parties

Defendant

Gilead Sciences, Inc., Follow

Represented By

Lupin Limited Follow

Represented By

Plaintiff

Emory University Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

COMPLAINT against Lupin Limited. (Filing Fee $ 350.00, Receipt Number 1046535)Document filed by Emory University, Gilead Sciences, Inc.(mro) (Additional attachment(s) added on 9/14/2012: # 1 exA, # 2 exB, # 3 exC) (ml). (Entered: 08/20/2012)

WAIVER OF SERVICE RETURNED EXECUTED. Lupin Limited waiver sent on 8/21/2012, answer due 11/19/2012. Document filed by Emory University; Gilead Sciences, Inc.,. (Lieber, Natalie) (Entered: 08/22/2012)

NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 08/23/2012)

NOTICE OF APPEARANCE by Jason Elton Johnson on behalf of Emory University, Gilead Sciences, Inc., (Johnson, Jason) (Entered: 09/19/2012)

NOTICE OF CHANGE OF ADDRESS by Mary Regina Phillips on behalf of Lupin Limited. New Address: Goldberg Segalla LLP, 11 Martine Avenue, Suite 750, White Plains, New York, USA 10606, 914-798-5400. (Phillips, Mary) (Entered: 10/22/2012)

NOTICE OF APPEARANCE by Mary Regina Phillips on behalf of Lupin Limited (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lupin Limited. (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Emory University, Gilead Sciences, Inc.,. Document filed by Lupin Limited. (Attachments: # 1 Exhibit Certificate of Service)(Phillips, Mary) (Entered: 10/22/2012)

CERTIFICATE OF SERVICE of Order served on Lupin on 11/5/2012. Service was made by Mail. Document filed by Gilead Sciences, Inc.,. (Johnson, Jason) (Entered: 11/05/2012)

ANSWER to 9 Counterclaim. Document filed by Emory University, Gilead Sciences, Inc.,.(Larock, Adam) (Entered: 11/09/2012)

NOTICE OF APPEARANCE by Jill Catherine Owens on behalf of Lupin Limited (Owens, Jill) (Entered: 12/07/2012)

ORDER ADMITTING PETER J. CURTIN, ESQ. PRO HAC VICE: granting 14 Motion for Peter J. Curtin to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 12/11/2012) (djc) (Entered: 12/12/2012)

AMENDED MOTION for Deanne M. Mazzochi, Esq. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lupin Limited. (Attachments: # 1 Affidavit Deanne M. Mazzochi with Exhibit, # 2 Text of Proposed Order)(Owens, Jill) (Entered: 01/09/2013)

NOTICE OF APPEARANCE by Simon David Roberts on behalf of Emory University, Gilead Sciences, Inc.,. (Roberts, Simon) (Entered: 08/01/2013)

NOTICE OF APPEARANCE by Jill Catherine Owens on behalf of Lupin Limited. (Owens, Jill) (Entered: 08/07/2013)

AMENDED MOTION to Amend/Correct 38 MOTION for Jeffrey A. Marx to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8937767. Motion and supporting papers to be reviewed by Clerk's Office staff. Corrected Proposed Order. Document filed by Lupin Limited.(Owens, Jill) (Entered: 10/07/2013)

ORDER ADMITTING JEFFREY A. MARX, ESQ. PRO HAC VICE granting 40 Motion to Amend/Correct. The motion of Jeffrey A. Marx, Esq. for admission to practice pro hac vice in the above captioned action is GRANTED.(Signed by Judge Richard J. Sullivan on 10/17/2013) (ama) (Entered: 10/18/2013)

ORDER ADMITTING JOHN J. MCGUIRK granting 44 Motion for John J. McGuirk to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 11/22/2013) (tro) Modified on 11/26/2013 (tro). (Entered: 11/26/2013)

LETTER addressed to Judge Richard J. Sullivan from Defendants dated February 14, 2014 re: request for extension of the schedule. Document filed by Lupin Limited.(Johnson, Aaron) (Entered: 02/14/2014)

LETTER addressed to Judge Richard J. Sullivan from Colleen Tracy dated May 8, 2014 re: Request to permit the withdrawal of Adam LaRock as counsel for Gilead and Emory. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 05/08/2014)

MEMO ENDORSEMENT on 53 Letter filed by Gilead Sciences, Inc. ENDORSEMENT: We respectfully request that the Court instruct the Docket Clerk to terminate Adam LaRock's association with this case. So Ordered. (Signed by Judge Richard J. Sullivan on 5/8/2014) (cd) (Entered: 05/09/2014)

NOTICE OF APPEARANCE by David B. Bassett on behalf of Emory University, Gilead Sciences, Inc.,. (Bassett, David) (Entered: 05/20/2014)

LETTER addressed to Judge Richard J. Sullivan from Philip Blum dated May 30, 2014 re: permission to take expert depositions beyond the expert discovery deadline. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 05/30/2014)

LETTER addressed to Judge Richard J. Sullivan from Peter Shapiro dated June 9, 2014 re: Completion of all discovery, with the exception of four expert depositions. Document filed by Gilead Sciences, Inc.,.(Lieber, Natalie) (Entered: 06/09/2014)

NOTICE OF APPEARANCE by Natalie Dana Lieber on behalf of Emory University, Gilead Sciences, Inc.,. (Lieber, Natalie) (Entered: 06/10/2014)

NOTICE OF CHANGE OF ADDRESS by Colleen Tracy on behalf of Emory University, Gilead Sciences, Inc.,. New Address: Mayer Brown LLP, 1675 Broadway, New York, New York, USA 10019, (212)506-2122. (Tracy, Colleen) (Entered: 07/16/2014)

ORDER FOR ADMISSION PRO HAC VICE granting 61 Motion for Vinita Ferrera to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/17/2014) (lmb) (Entered: 07/17/2014)

ORDER FOR ADMISSION PRO HAC VICE granting 62 Motion for Kate Saxton to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/17/2014) (lmb) (Entered: 07/17/2014)

ORDER ADMITTING NICOLE E. KOPINSKI, ESQ. PRO HAC VICE: granting 70 Motion for Nicole E. Kopinski to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/14/2014) (cd) (Entered: 08/15/2014)

LETTER addressed to Judge Richard J. Sullivan from David B. Bassett dated September 16, 2014 re: Settlement. Document filed by Emory University, Gilead Sciences, Inc.,. (Attachments: # 1 Exhibit A)(Bassett, David) (Entered: 09/16/2014)

Track Case Updates

Gilead Sciences, Inc.,

Lupin Limited

Emory University