ImmunoGen, Inc. v. Stewart

Appeal docketed. Received: 03/31/2023. [917459]Entry of Appearance is due on 05/02/2023. Certificate of Interest is due on 05/02/2023. Docketing Statement is due on 05/24/2023. Appellant's brief is due on 06/20/2023. --[Edited 04/24/2023 by CMH to correct docketing statement due date] [CMH] [Entered: 04/18/2023 12:10 PM]

2023-04-18

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Entry of Appearance for Mary L. Kelly; Thomas W. Krause; Farheena Y. Rasheed; Daniel Kazhdan; William LaMarca; Matthew J. Mezger; Peter J. Ayers as counsel for Appellee Katherine K. Vidal. Service: 04/18/2023 by email. [917531] [23-1762] [Mary Kelly] [Entered: 04/18/2023 03:36 PM]

2023-04-18

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Entry of Appearance for Michael E. Joffre: Anna G. Phillips: Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920098] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:15 AM]

2023-05-01

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Certificate of Interest for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920101] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:16 AM]

2023-05-01

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Notice of Related Case Information for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920102] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:18 AM]

2023-05-01

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Docketing Statement for the Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920104] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:20 AM]

2023-05-01

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Docketing Statement for the Appellee Katherine K. Vidal. Service: 05/01/2023 by email. [920381] [23-1762] [Mary Kelly] [Entered: 05/01/2023 06:58 PM]

2023-05-01

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MOTION of Appellant ImmunoGen, Inc. to extend the time to 07/20/2023 to file brief. Service: 06/01/2023 by email. [927176] [23-1762] [Michael Joffre] [Entered: 06/01/2023 03:40 PM]

2023-06-01

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TEXT ONLY ORDER granting motion to extend time to file brief [8] filed by Appellant ImmunoGen, Inc. The opening brief is due 07/20/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [927991] [CMH] [Entered: 06/06/2023 09:53 AM]

2023-06-06

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MODIFIED ENTRY: OPENING BRIEF FILED by Appellant ImmunoGen, Inc.. Service: 07/20/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [937499] --[Edited 08/07/2023 by CAB - compliance review complete] [Michael Joffre] [Entered: 07/20/2023 08:25 PM]

2023-07-20

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Amended Entry of Appearance for Daniel Kazhdan; Mary L. Kelly as counsel for Appellee Katherine K. Vidal. Service: 07/31/2023 by email. [939418] [23-1762] [Daniel Kazhdan] [Entered: 07/31/2023 10:17 AM]

2023-07-31

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MOTION of Appellee Katherine K. Vidal to extend the time to 09/22/2023 to file brief. Service: 08/14/2023 by email. [942657] [23-1762] [Daniel Kazhdan] [Entered: 08/14/2023 10:34 AM]

2023-08-14

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TEXT ONLY ORDER granting motion to extend time to file brief [12] filed by Appellee Katherine K. Vidal. The response brief is due 09/22/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [942786] [JPS] [Entered: 08/14/2023 01:45 PM]

2023-08-14

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MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Katherine K. Vidal. Service: 09/22/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [951877] --[Edited 09/28/2023 by CAB - compliance review complete] [Daniel Kazhdan] [Entered: 09/22/2023 01:07 PM]

2023-09-22

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Amended Entry of Appearance for Michael E. Joffre; Anna G. Phillips; Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 09/27/2023 by email. [952971] [23-1762] This document is non-compliant. See Doc No.[17] [William Milliken] [Entered: 09/27/2023 07:44 PM]

2023-09-27

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MOTION of Appellant ImmunoGen, Inc. to extend the time to 10/27/2023 to file brief. Service: 09/27/2023 by email. [952972] [23-1762] [William Milliken] [Entered: 09/27/2023 07:46 PM]

2023-09-27

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NOTICE OF NON-COMPLIANCE: The submission of Appellant ImmunoGen, Inc., Amended Entry of Appearance [15], is not in compliance with the rules of this court (see attached). Compliant document due on 10/12/2023. Service as of this date by the Clerk of Court. [954225] [JSP] [Entered: 10/04/2023 08:51 AM]

2023-10-04

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Corrected Entry of Appearance for Michael E. Joffre; Anna G. Phillips; Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 10/05/2023 by US mail, email. [954631] [23-1762] [Eric Steffe] [Entered: 10/05/2023 11:24 AM]

2023-10-05

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TEXT ONLY ORDER granting motion to extend time to file brief [16] filed by Appellant ImmunoGen, Inc. The reply brief is due 10/27/2023. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [955635] [MMA] [Entered: 10/11/2023 02:53 PM]

2023-10-11

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Notice from Appellee Katherine K. Vidal of Withdrawal of Director's Counsel (Thomas W. Krause). Service: 10/26/2023 by US mail, email. [959352] [23-1762] [Farheena Rasheed] [Entered: 10/26/2023 02:43 PM]

2023-10-26

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MODIFIED ENTRY: REPLY BRIEF FILED by Appellee Katherine K. Vidal. Service: 10/27/2023 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [959643] --[Edited 11/03/2023 by CAB - compliance review complete] [Michael Joffre] [Entered: 10/27/2023 12:41 PM]

2023-10-27

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APPENDIX FILED by Appellant ImmunoGen, Inc. and Appellee Katherine K. Vidal. Service: 11/03/2023 by US mail, email. [961423] [23-1762] This document has been corrected. See Doc No. [24]. [Michael Joffre] [Entered: 11/03/2023 04:40 PM]

2023-11-03

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Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant ImmunoGen, Inc.. Service: 11/03/2023 by US mail, email. [961426] [23-1762] [Michael Joffre] [Entered: 11/03/2023 04:43 PM]

2023-11-03

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MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant ImmunoGen, Inc. and Appellee Katherine K. Vidal. Service: 11/14/2023 by email. [963144] --[Edited 11/27/2023 by CAB - compliance review complete] [Michael Joffre] [Entered: 11/14/2023 12:39 AM]

2023-11-14

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Notice of Correction to Doc No. [24] for Appellant ImmunoGen, Inc.. Service: 11/14/2023 by US mail, email. [963146] [23-1762] [Michael Joffre] [Entered: 11/14/2023 12:41 AM]

2023-11-14

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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)(3)(A). [965548] [CAB] [Entered: 11/27/2023 01:53 PM]

2023-11-27

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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 Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [965550] [CAB] [Entered: 11/27/2023 01:54 PM]

2023-11-27

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6 paper copies of Doc. No. [24], [21], [10] received from Appellant ImmunoGen, Inc.. [966338] [VDW] [Entered: 11/29/2023 02:14 PM]

2023-11-29

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6 paper copies of Doc. No. [14] received from Appellee Katherine K. Vidal. [967421] [VDW] [Entered: 12/04/2023 03:04 PM]

2023-12-01

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Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 12/04/2023 by US mail, email. [967319] [23-1762] [Michael Joffre] [Entered: 12/04/2023 12:57 PM]

2023-12-04

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Notice from Appellee Katherine K. Vidal regarding conflicts with oral argument. Service: 12/04/2023 by US mail, email. [967329] [23-1762] [Daniel Kazhdan] [Entered: 12/04/2023 01:30 PM]

2023-12-04

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Clerk's Note to the File: The conflict dates requested by ImmunoGen, Inc. (see Doc. No. [29]) are not accepted at this time. [968675] [MJL] [Entered: 12/08/2023 09:19 AM]

2023-12-08

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Amended Certificate of Interest for Appellant ImmunoGen, Inc.. Service: 02/16/2024 by US mail, email. [984684] [23-1762] [Michael Joffre] [Entered: 02/16/2024 05:18 PM]

2024-02-16

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Amended Entry of Appearance for Michael E. Joffre as counsel for Appellant ImmunoGen, Inc.. Service: 03/25/2024 by US mail, email. [992752] [23-1762] [Michael Joffre] [Entered: 03/25/2024 02:48 PM]

2024-03-25

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Entry of Appearance for Michael A. Morin;David P. Frazier as counsel for Appellant ImmunoGen, Inc.. Service: 03/27/2024 by US mail, email. [993388] [23-1762] [Michael Morin] [Entered: 03/27/2024 01:52 PM]

2024-03-27

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MOTION of Appellant ImmunoGen, Inc. to withdraw counsel Michael E. Joffre; Anna G. Phillips; Eric K. Steffe. Service: 04/01/2024 by US mail, email. [994158] [23-1762] [Michael Joffre] [Entered: 04/01/2024 01:19 PM]

2024-04-01

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TEXT ONLY ORDER granting motion to withdraw attorneys Michael E. Joffre, Anna G. Phillips, and Eric K. Steffe [36] filed by Appellant ImmunoGen, Inc. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [994178]--[Edited 04/01/2024 by JSP to add official and binding language] [JSP] [Entered: 04/01/2024 01:49 PM]

2024-04-01

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Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 04/02/2024 by email. [994494] [23-1762] [Michael Morin] [Entered: 04/02/2024 01:41 PM]

2024-04-02

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The following conflict dates submitted by Michael A. Morin for ImmunoGen, Inc. have been accepted by the court: 06/03/2024, 06/04/2024, 06/05/2024, 06/06/2024, 06/07/2024. [995554] [MJL] [Entered: 04/05/2024 04:40 PM]

2024-04-05

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Clerk's Note to the File: The court has updated its session calendar for December 2024 through May 2025. Expected arguing counsel should review the revised calendar, available here, to determine whether to file an amended Response to Notice to Advise of Scheduling Conflicts. [1036980] [IMH] [Entered: 10/03/2024 04:36 PM]

2024-10-03

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Notice from Appellee Katherine K. Vidal regarding conflicts with oral argument. Service: 10/07/2024 by US mail, email. [1037704] [23-1762] [Daniel Kazhdan] [Entered: 10/07/2024 12:49 PM]

2024-10-07

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The following conflict date submitted by Daniel Kazhdan for Katherine K. Vidal has been accepted by the court: 04/14/2025. [1038474] [MJL] [Entered: 10/09/2024 01:28 PM]

2024-10-09

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Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 10/10/2024 by US mail, email. [1038895] [23-1762] [Michael Morin] [Entered: 10/10/2024 02:26 PM]

2024-10-10

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The following conflict dates submitted by Michael A. Morin for ImmunoGen, Inc. have been accepted by the court: 01/06/2025, 01/07/2025, 01/08/2025. [1039383] [MJL] [Entered: 10/15/2024 09:16 AM]

2024-10-15

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NOTICE OF ORAL ARGUMENT. Panel: 2412G. Case scheduled December 5, 2024. Response to Notice of Oral Argument due: 11/04/2024. 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. Service as of this date by the Clerk of Court. [1041327] [MJL] [Entered: 10/21/2024 04:08 PM]

2024-10-21

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Response to notice of oral argument from Appellee Katherine K. Vidal. Service: 10/21/2024 by US mail, email. [1041375] [23-1762] [Daniel Kazhdan] [Entered: 10/21/2024 04:50 PM]

2024-10-21

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Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Katherine K. Vidal. Service: 10/24/2024 by US mail, email. [1042318] [23-1762] [Daniel Kazhdan] [Entered: 10/24/2024 01:19 PM]

2024-10-24

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Response to notice of oral argument from Appellant ImmunoGen, Inc.. Service: 10/30/2024 by US mail, email. [1043751] [23-1762] [Michael Morin] [Entered: 10/30/2024 03:32 PM]

2024-10-30

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RESPONSE of Appellant ImmunoGen, Inc. to Doc No. [47]. Service: 11/14/2024 by email. [1047044] [23-1762] [Michael Morin] [Entered: 11/14/2024 01:58 PM]

2024-11-14

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Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Dyk, Circuit Judge and Prost, Circuit Judge.Arguing counsel: Michael A. Morin for ImmunoGen, Inc. and Daniel Kazhdan for Katherine K. Vidal.Oral Argument Audio available here. [1052062] [MJL] [Entered: 12/05/2024 01:29 PM]

2024-12-05

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Official caption revised to reflect that Derrick Brent is now Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office. (see attached). Service as of this date by the Clerk of Court. [1055473] [MVH] [Entered: 12/18/2024 04:03 PM]

2024-12-18

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Official caption revised to substitute Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, as appellee. (see attached). Service as of this date by the Clerk of Court. [1064725] [MJL] [Entered: 01/29/2025 09:10 AM]

2025-01-29

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OPINION filed for the court by Lourie, Circuit Judge; Dyk, Circuit Judge and Prost, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [1073474] [MVH] [Entered: 03/06/2025 10:14 AM]

2025-03-06

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JUDGMENT. AFFIRMED. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [1073475] [MVH] [Entered: 03/06/2025 10:14 AM]

2025-03-06

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Entry of Appearance for Amy J. Nelson as counsel for Appellee Coke Morgan Stewart. Service: 03/12/2025 by US mail, email. [1074706] [23-1762]. This document is non-compliant. See Doc. No. [56] [Amy Nelson] [Entered: 03/12/2025 08:08 AM]

2025-03-12

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NOTICE OF NON-COMPLIANCE: The submission of Appellee Coke Morgan Stewart, Entry of Appearance [55], is not in compliance with the rules of this court (see attached). Compliant document due on 03/19/2025. Service as of this date by the Clerk of Court. [1074727] [MVH] [Entered: 03/12/2025 09:43 AM]

2025-03-12

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MOTION of Appellee Coke Morgan Stewart to withdraw counsel Daniel Kazhdan. Service: 03/13/2025 by US mail, email. [1075054] [23-1762] [Mary Kelly] [Entered: 03/13/2025 11:28 AM]

2025-03-13

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ORDER filed granting motion to withdraw attorney [57] filed by Appellee Coke Morgan Stewart.. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1075583] [MVH] [Entered: 03/14/2025 03:34 PM]

2025-03-14

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Entry of Appearance for Mary Kelly as counsel for Appellee Coke Morgan Stewart. Service: 03/13/2025 by email. [1075584] [MVH] [Entered: 03/14/2025 03:35 PM]

2025-03-14

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MOTION of Appellee Coke Morgan Stewart for leave to file entry of appearance for Amy J. Nelson. Service: 03/14/2025 by email. [1075660] [23-1762] [Mary Kelly] [Entered: 03/14/2025 05:44 PM]

2025-03-14

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ORDER filed granting motion for leave for Amy J. Nelson to appear as counsel [60] filed by Appellee Coke Morgan Stewart.. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1076186] [MVH] [Entered: 03/18/2025 12:37 PM]

2025-03-18

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Entry of Appearance for Amy J. Nelson as counsel for Appellee Coke Morgan Stewart. Service: 03/18/2025 by email. [1076196] [MVH] [Entered: 03/18/2025 12:51 PM]

2025-03-18

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Mandate issued to the United States District Court for the Eastern District of Virginia. Service as of this date by the Clerk of Court. [1085466] [MVH] [Entered: 04/28/2025 01:08 PM]

2025-04-28

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Overview

Parties

Defendant - Appellee

COKE MORGAN STEWART, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Follow

Represented By

DERRICK BRENT, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Follow

Represented By

KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Follow

Represented By

Plaintiff - Appellant

IMMUNOGEN, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Entry of Appearance for Mary L. Kelly; Thomas W. Krause; Farheena Y. Rasheed; Daniel Kazhdan; William LaMarca; Matthew J. Mezger; Peter J. Ayers as counsel for Appellee Katherine K. Vidal. Service: 04/18/2023 by email. [917531] [23-1762] [Mary Kelly] [Entered: 04/18/2023 03:36 PM]

Entry of Appearance for Michael E. Joffre: Anna G. Phillips: Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920098] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:15 AM]

Certificate of Interest for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920101] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:16 AM]

Notice of Related Case Information for Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920102] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:18 AM]

Docketing Statement for the Appellant ImmunoGen, Inc.. Service: 05/01/2023 by email. [920104] [23-1762] [Michael Joffre] [Entered: 05/01/2023 11:20 AM]

Docketing Statement for the Appellee Katherine K. Vidal. Service: 05/01/2023 by email. [920381] [23-1762] [Mary Kelly] [Entered: 05/01/2023 06:58 PM]

MOTION of Appellant ImmunoGen, Inc. to extend the time to 07/20/2023 to file brief. Service: 06/01/2023 by email. [927176] [23-1762] [Michael Joffre] [Entered: 06/01/2023 03:40 PM]

Amended Entry of Appearance for Daniel Kazhdan; Mary L. Kelly as counsel for Appellee Katherine K. Vidal. Service: 07/31/2023 by email. [939418] [23-1762] [Daniel Kazhdan] [Entered: 07/31/2023 10:17 AM]

MOTION of Appellee Katherine K. Vidal to extend the time to 09/22/2023 to file brief. Service: 08/14/2023 by email. [942657] [23-1762] [Daniel Kazhdan] [Entered: 08/14/2023 10:34 AM]

Amended Entry of Appearance for Michael E. Joffre; Anna G. Phillips; Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 09/27/2023 by email. [952971] [23-1762] This document is non-compliant. See Doc No.[17] [William Milliken] [Entered: 09/27/2023 07:44 PM]

MOTION of Appellant ImmunoGen, Inc. to extend the time to 10/27/2023 to file brief. Service: 09/27/2023 by email. [952972] [23-1762] [William Milliken] [Entered: 09/27/2023 07:46 PM]

Corrected Entry of Appearance for Michael E. Joffre; Anna G. Phillips; Eric K. Steffe as counsel for Appellant ImmunoGen, Inc.. Service: 10/05/2023 by US mail, email. [954631] [23-1762] [Eric Steffe] [Entered: 10/05/2023 11:24 AM]

Notice from Appellee Katherine K. Vidal of Withdrawal of Director's Counsel (Thomas W. Krause). Service: 10/26/2023 by US mail, email. [959352] [23-1762] [Farheena Rasheed] [Entered: 10/26/2023 02:43 PM]

APPENDIX FILED by Appellant ImmunoGen, Inc. and Appellee Katherine K. Vidal. Service: 11/03/2023 by US mail, email. [961423] [23-1762] This document has been corrected. See Doc No. [24]. [Michael Joffre] [Entered: 11/03/2023 04:40 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant ImmunoGen, Inc.. Service: 11/03/2023 by US mail, email. [961426] [23-1762] [Michael Joffre] [Entered: 11/03/2023 04:43 PM]

MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant ImmunoGen, Inc. and Appellee Katherine K. Vidal. Service: 11/14/2023 by email. [963144] --[Edited 11/27/2023 by CAB - compliance review complete] [Michael Joffre] [Entered: 11/14/2023 12:39 AM]

Notice of Correction to Doc No. [24] for Appellant ImmunoGen, Inc.. Service: 11/14/2023 by US mail, email. [963146] [23-1762] [Michael Joffre] [Entered: 11/14/2023 12:41 AM]

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)(3)(A). [965548] [CAB] [Entered: 11/27/2023 01:53 PM]

6 paper copies of Doc. No. [24], [21], [10] received from Appellant ImmunoGen, Inc.. [966338] [VDW] [Entered: 11/29/2023 02:14 PM]

6 paper copies of Doc. No. [14] received from Appellee Katherine K. Vidal. [967421] [VDW] [Entered: 12/04/2023 03:04 PM]

Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 12/04/2023 by US mail, email. [967319] [23-1762] [Michael Joffre] [Entered: 12/04/2023 12:57 PM]

Notice from Appellee Katherine K. Vidal regarding conflicts with oral argument. Service: 12/04/2023 by US mail, email. [967329] [23-1762] [Daniel Kazhdan] [Entered: 12/04/2023 01:30 PM]

Clerk's Note to the File: The conflict dates requested by ImmunoGen, Inc. (see Doc. No. [29]) are not accepted at this time. [968675] [MJL] [Entered: 12/08/2023 09:19 AM]

Amended Certificate of Interest for Appellant ImmunoGen, Inc.. Service: 02/16/2024 by US mail, email. [984684] [23-1762] [Michael Joffre] [Entered: 02/16/2024 05:18 PM]

Amended Entry of Appearance for Michael E. Joffre as counsel for Appellant ImmunoGen, Inc.. Service: 03/25/2024 by US mail, email. [992752] [23-1762] [Michael Joffre] [Entered: 03/25/2024 02:48 PM]

Entry of Appearance for Michael A. Morin;David P. Frazier as counsel for Appellant ImmunoGen, Inc.. Service: 03/27/2024 by US mail, email. [993388] [23-1762] [Michael Morin] [Entered: 03/27/2024 01:52 PM]

MOTION of Appellant ImmunoGen, Inc. to withdraw counsel Michael E. Joffre; Anna G. Phillips; Eric K. Steffe. Service: 04/01/2024 by US mail, email. [994158] [23-1762] [Michael Joffre] [Entered: 04/01/2024 01:19 PM]

Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 04/02/2024 by email. [994494] [23-1762] [Michael Morin] [Entered: 04/02/2024 01:41 PM]

The following conflict dates submitted by Michael A. Morin for ImmunoGen, Inc. have been accepted by the court: 06/03/2024, 06/04/2024, 06/05/2024, 06/06/2024, 06/07/2024. [995554] [MJL] [Entered: 04/05/2024 04:40 PM]

Notice from Appellee Katherine K. Vidal regarding conflicts with oral argument. Service: 10/07/2024 by US mail, email. [1037704] [23-1762] [Daniel Kazhdan] [Entered: 10/07/2024 12:49 PM]

The following conflict date submitted by Daniel Kazhdan for Katherine K. Vidal has been accepted by the court: 04/14/2025. [1038474] [MJL] [Entered: 10/09/2024 01:28 PM]

Notice from Appellant ImmunoGen, Inc. regarding conflicts with oral argument. Service: 10/10/2024 by US mail, email. [1038895] [23-1762] [Michael Morin] [Entered: 10/10/2024 02:26 PM]

The following conflict dates submitted by Michael A. Morin for ImmunoGen, Inc. have been accepted by the court: 01/06/2025, 01/07/2025, 01/08/2025. [1039383] [MJL] [Entered: 10/15/2024 09:16 AM]

Response to notice of oral argument from Appellee Katherine K. Vidal. Service: 10/21/2024 by US mail, email. [1041375] [23-1762] [Daniel Kazhdan] [Entered: 10/21/2024 04:50 PM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Katherine K. Vidal. Service: 10/24/2024 by US mail, email. [1042318] [23-1762] [Daniel Kazhdan] [Entered: 10/24/2024 01:19 PM]

Response to notice of oral argument from Appellant ImmunoGen, Inc.. Service: 10/30/2024 by US mail, email. [1043751] [23-1762] [Michael Morin] [Entered: 10/30/2024 03:32 PM]

RESPONSE of Appellant ImmunoGen, Inc. to Doc No. [47]. Service: 11/14/2024 by email. [1047044] [23-1762] [Michael Morin] [Entered: 11/14/2024 01:58 PM]

Submitted after ORAL ARGUMENT to Panel: Lourie, Circuit Judge; Dyk, Circuit Judge and Prost, Circuit Judge.Arguing counsel: Michael A. Morin for ImmunoGen, Inc. and Daniel Kazhdan for Katherine K. Vidal.Oral Argument Audio available here. [1052062] [MJL] [Entered: 12/05/2024 01:29 PM]

OPINION filed for the court by Lourie, Circuit Judge; Dyk, Circuit Judge and Prost, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [1073474] [MVH] [Entered: 03/06/2025 10:14 AM]

Entry of Appearance for Amy J. Nelson as counsel for Appellee Coke Morgan Stewart. Service: 03/12/2025 by US mail, email. [1074706] [23-1762]. This document is non-compliant. See Doc. No. [56] [Amy Nelson] [Entered: 03/12/2025 08:08 AM]

NOTICE OF NON-COMPLIANCE: The submission of Appellee Coke Morgan Stewart, Entry of Appearance [55], is not in compliance with the rules of this court (see attached). Compliant document due on 03/19/2025. Service as of this date by the Clerk of Court. [1074727] [MVH] [Entered: 03/12/2025 09:43 AM]

MOTION of Appellee Coke Morgan Stewart to withdraw counsel Daniel Kazhdan. Service: 03/13/2025 by US mail, email. [1075054] [23-1762] [Mary Kelly] [Entered: 03/13/2025 11:28 AM]

ORDER filed granting motion to withdraw attorney [57] filed by Appellee Coke Morgan Stewart.. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1075583] [MVH] [Entered: 03/14/2025 03:34 PM]

Entry of Appearance for Mary Kelly as counsel for Appellee Coke Morgan Stewart. Service: 03/13/2025 by email. [1075584] [MVH] [Entered: 03/14/2025 03:35 PM]

MOTION of Appellee Coke Morgan Stewart for leave to file entry of appearance for Amy J. Nelson. Service: 03/14/2025 by email. [1075660] [23-1762] [Mary Kelly] [Entered: 03/14/2025 05:44 PM]

ORDER filed granting motion for leave for Amy J. Nelson to appear as counsel [60] filed by Appellee Coke Morgan Stewart.. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1076186] [MVH] [Entered: 03/18/2025 12:37 PM]

Entry of Appearance for Amy J. Nelson as counsel for Appellee Coke Morgan Stewart. Service: 03/18/2025 by email. [1076196] [MVH] [Entered: 03/18/2025 12:51 PM]

Mandate issued to the United States District Court for the Eastern District of Virginia. Service as of this date by the Clerk of Court. [1085466] [MVH] [Entered: 04/28/2025 01:08 PM]

Track Case Updates

COKE MORGAN STEWART, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office

DERRICK BRENT, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office

KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

IMMUNOGEN, INC.