Integra Lifesciences v. Merck KGaA
3:96-cv-01307
Overview
Case Number
3:96-cv-01307
Filing Date
1996-07-18
Status
Terminated
Termination Date
2007-10-29
Court
District Court, S.D. California (casd)
Presiding Judge
Rudi M. Brewster
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:0271 Patent Infringement
Jury Demand
Both
Parties
Defendant
Dr David A Cheresh
Represented By
6 Attorneys ListedHagens Berman Sobol Shapiro
Tel: +1 (213) 330-7150
Fax: +1 (213) 330-7152
Hagens Berman Sobol Shapiro, 700 South Flower Street
Olson and Hierl LTD
Tel: +1 (312) 580-1180
Fax: +1 (312) 580-1189
Olson and Hierl LTD, 20 North Wacker Drive
Howrey Simon Arnold and White
Tel: +1 (949) 721-6900
Howrey Simon Arnold and White, 2020 Main Street
Olson and Hierl LTD
Tel: +1 (312) 580-1180
Fax: +1 (312) 580-1189
Olson and Hierl LTD, 20 North Wacker Drive
Howrey Simon Arnold and White
Tel: +1 (949) 721-6900
Fax: +1 (949) 721-6910
Howrey Simon Arnold and White, 2020 Main Street
The Scripps Research Institute
Represented By
6 Attorneys ListedHagens Berman Sobol Shapiro
Tel: +1 (213) 330-7150
Fax: +1 (213) 330-7152
Hagens Berman Sobol Shapiro, 700 South Flower Street
Olson and Hierl LTD
Tel: +1 (312) 580-1180
Fax: +1 (312) 580-1189
Olson and Hierl LTD, 20 North Wacker Drive
Howrey Simon Arnold and White
Tel: +1 (949) 721-6900
Howrey Simon Arnold and White, 2020 Main Street
Olson and Hierl LTD
Tel: +1 (312) 580-1180
Fax: +1 (312) 580-1189
Olson and Hierl LTD, 20 North Wacker Drive
Howrey Simon Arnold and White
Tel: +1 (949) 721-6900
Fax: +1 (949) 721-6910
Howrey Simon Arnold and White, 2020 Main Street
Merck KGaA
Represented By
4 Attorneys ListedJones Day
Tel: +1 (949) 851-3939
Fax: +1 (949) 553-7539
Jones Day, 3161 Michelson Drive
Hagens Berman Sobol Shapiro
Tel: +1 (213) 330-7150
Fax: +1 (213) 330-7152
Hagens Berman Sobol Shapiro, 700 South Flower Street
Howrey Simon Arnold and White
Tel: +1 (949) 721-6900
Fax: +1 (949) 721-6910
Howrey Simon Arnold and White, 2020 Main Street
Counter Defendant
Integra Lifesciences I, Ltd.
Represented By
1 Attorneys ListedFitzgerald Knaier
Tel: +1 (619) 241-4810
Fax: +1 (619) 955-5318
Fitzgerald Knaier, 402 West Broadway Suite 1400
Telios Pharmaceuticals, Inc.
Represented By
3 Attorneys ListedFitzgerald Knaier
Tel: +1 (619) 241-4810
Fax: +1 (619) 955-5318
Fitzgerald Knaier, 402 West Broadway Suite 1400
Law Office of Calvin Fan
Tel: +1 (619) 846-1492
4564 Pescadero Avenue, San Diego, CA 92107
Sheppard Mullin Richter & Hampton LLP
Tel: +1 (858) 720-8900
Fax: +1 (858) 509-3691
12275 El Camino Real, Suite 200
Plaintiff
Integra Lifesciences I Ltd
Represented By
1 Attorneys ListedFitzgerald Knaier
Tel: +1 (619) 241-4810
Fax: +1 (619) 955-5318
Fitzgerald Knaier, 402 West Broadway Suite 1400
The Burnham Institute
Represented By
3 Attorneys ListedFitzgerald Knaier
Tel: +1 (619) 241-4810
Fax: +1 (619) 955-5318
Fitzgerald Knaier, 402 West Broadway Suite 1400
Law Office of Calvin Fan
Tel: +1 (619) 846-1492
4564 Pescadero Avenue, San Diego, CA 92107
Sheppard Mullin Richter & Hampton LLP
Tel: +1 (858) 720-8900
Fax: +1 (858) 509-3691
12275 El Camino Real, Suite 200
Court & Judges
Court
District Court, S.D. California (casd)
Presiding Judge
Rudi M. Brewster
Docket Entries
Complaint Filed; Summons(es) issued to 7/18/96 (referred to Magistrate Anthony J. Battaglia ) Receipt No/Amt of #24024/$120 (acr) (Entered: 07/22/1996)
1996-07-18
1
Return of Service executed by Knox Attorney Services upon defendant David A Cheresh on 7/24/96 (acr) (Entered: 08/21/1996)
1996-08-20
1
Return of Service executed by Knox Attorney Service upon defendant Scripps Research on 7/19/96 (acr) (Entered: 08/21/1996)
1996-08-20
1
Stipulation and Order by Judge Judith N. Keep extending time to respond to complaint and discovery Answer due 8/26/96 for David A Cheresh and Scripps Research; response to the first set of document requests from pla Telios Pharmaceuticals, Inc to Dr. Cheresh is extended to 8/28/96; on or after 8/28/96, Dr. Cheresh shall produce documents in response to the first set of document requests from plaintiff Telios Pharmaceuticals, Inc; the time for Dr. Cheresh to produce complete response and documents in response to first set of document requests from plaintiff Telios Pharmaceuticals is extended through 9/19/96 all counsel) (acr) (Entered: 08/26/1996)
1996-08-26
1
Answer to complaint and Counterclaim by defendant Scripps Research, defendant David A Cheresh t/w prf svc (acr) (Entered: 09/19/1996)
1996-08-26
1
Order by Magistrate Anthony J. Battaglia E.N.E. Conference set for 10:00 10/7/96 (cc: all counsel) (dkt clerk) (Entered: 09/06/1996)
1996-09-06
1
Answer to counterclaims by counter-defendant Telios Pharmaceutica, counter-defendant Burnham Institute to Counterclaim; demand for jury trial t/w prf svc (acr) (Entered: 09/19/1996)
1996-09-18
1
Pro Hac Vice approved by Judge Judith N. Keep on behalf of defendant Scripps Research, defendant David A Cheresh for Talivaldis Cepuritis (cc: all counsel) (acr) (Entered: 09/23/1996)
1996-09-18
1
Notice of Motion and Motion by defendant Scripps Research, defendant David A Cheresh for protective order t/w prf svc [ motion(s) referred to Judge Judith N. Keep ] set for 10/17/96 at 9:00 (acr) (Entered: 09/23/1996)
1996-09-19
1
Memorandum of points and authorities by defendant Scripps Research, defendant David A Cheresh in support of motion for protective order [9-1] (acr) (Entered: 09/23/1996)
1996-09-19
1
Declaration of Dr. David Cheresh by defendant Scripps Research, defendant David Cheresh re motion for protective order [9-1] t/w exhibit A (acr) (Entered: 09/23/1996)
1996-09-19
1
Declaration of Thomas Fitting by defendant Scripps Research, defendant David Cheresh re motion for protective order [9-1] t/w exhibit A (acr) (Entered: 09/23/1996)
1996-09-19
1
Declaration of Arnold Laguardia by defendant Scripps Research, defendant David Cheresh re motion for protective order [9-1] t/w exhibits A-C (acr) (Entered: 09/23/1996)
1996-09-19
1
Declaration and certification of William C. Rooklidge by defendant Scripps Research, defendant David Cheresh re motion for protective order [9-1] t/w exhibits A-H (acr) (Entered: 09/23/1996)
1996-09-19
1
Pro Hac Vice approved by Judge Judith N. Keep on behalf of defendant Scripps Research, defendant David A Cheresh for Arne M Olson (cc: all counsel) (acr) (Entered: 09/28/1996)
1996-09-26
1
Stipulation and Interim Protective Order by Judge Judith N. Keep re confidential information (cc: all counsel) (acr) (Entered: 09/28/1996)
1996-09-26
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia: vacating hearing re motion for protective order [9-1]; counsel to meet and confer re Local Rule 26 re scope of discovery to be completed re motion; counsel to contact J Cabral, Judge Battaglia's law clerk, by teleconference on 10/9/96 at 8:30 for rescheduling the motion hrg/or discuss any need to resolve discovery issues re motion for protective order, counsel for pla is req to initiate conf call (cc: all counsel) (dkt clerk) (Entered: 10/01/1996)
1996-09-26
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia E.N.E. Conference held; Telephonic Case Management Conference set for 9:00 11/7/96; Mr Flores, pla's counsel will initiate the conf call (cc: all counsel) (acr) (Entered: 10/11/1996)
1996-10-07
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia: Telephonic status conf held re Pla's disc necessary to address dfts' motion for protective order, dfts are expected to produce certain documents by 10/16/96, counsel to review documents and send a letter to counsel for dft by 10/18/96, outlining the remaining disc sought with regard to motion for protective order, counsel shall meet and confer re outstanding disc issues by end of day on 10/23/96 ; Another telephonic Status conf with Magistrate Battaglia's Law Clerk, Janet Cabral, set for 8:30 10/24/96 to set sched to resolve remaining disc issues, pla counsel to set up conf call (cc: all counsel) (dkt clerk) (Entered: 10/15/1996)
1996-10-09
1
Minutes: Enter Order by Judge Judith N. Keep finding the motion for protective order [9-1] moot as counsel have stipulated to the protective order. (cc: all counsel) (dkt clerk) (Entered: 10/15/1996)
1996-10-10
1
Return of personal Service of summons executed upon defendant Merck KGaA on 4/10/96 (dkt clerk) (Entered: 10/24/1996)
1996-10-21
1
Counterclaim by defendant Merck KGaA against plaintiff Telios Pharmaceutica, plaintiff Burnham Institute t/w prf svc (dkt clerk) (Entered: 10/27/1997)
1996-10-24
1
Answer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh t/w prf svc (dkt clerk) (Entered: 10/29/1996)
1996-10-24
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia Telephonic Status conf held 8:30 10/24/96; Telephonic Discovery hrg before Magistrate Battaglia set for 1:30 11/1/96, counsel for pla shall initiate conf call, both parties to forward letter brief not to exceed 7 pgs to chambers by noon on 10/30 re disc issues, copies of any disputed disc requests shall be forwarded to Ct by pla's counsel (cc: all counsel) (dkt clerk) (Entered: 10/29/1996)
1996-10-24
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia Telephonic Discovery hrg cont to 9:00 11/7/96 in conjunction with telephonic CMC currently set for same time, counsel for pla ordered to initiate call. (cc: all counsel) (dkt clerk) (Entered: 11/07/1996)
1996-10-31
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia: Telephonic Discovery hrg vacated 9:00 11/7/96, the telephonic CMC set for 11/7/96 at 9:00 will go forward as scheduled. (cc: all counsel) (dkt clerk) (Entered: 11/12/1996)
1996-11-06
1
Order by Magistrate Anthony J. Battaglia limiting plaintiffs' discovery directed to dfts motion for protective order: 1) Dr. Cheresh's deposition shall go forward and be limited to the subjects raised in paragraphs 4 and 5 of his declaration filed in support of the motion for protective order; 2) Scripps shall provide a representative pursuant to Rule 30(b)(6); 3) Dfts should provide the court unredacted copies of the documents attached to plaintiffs' letter brief as Exhibit E by 11/13/96; 4) Dfts shall identify, and provide documents if available, re Scripps' policies on trade secret info and the academic freedom of its scientists have changed from 1/92 to the present; 5) Plaintiff's request that the court order dfts to provide further documents responsive to the third set of request for documents directed to Dr. Cheresh, and that dfts provide further documents responsive to the second set of requests for documents to Scripps is denied. This order is w/out prejudice to any party seeking further discovery in these areas following resolution of dft's motion for protective order (cc: all counsel) (acr) (Entered: 11/08/1996)
1996-11-07
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia Telephonic Case Management Conference held 9:00 11/7/96 motion for protective order [9-1] set for 9:30 12/17/96, opposition due 12/5/96 and reply due 12/12/96. (cc: all counsel) (dkt clerk) (Entered: 11/13/1996)
1996-11-07
1
Answer by counter-defendant Telios Pharmaceutica, counter-defendant Burnham Institute to Counterclaim, demand for jury trial t/w prf svc (dkt clerk) (Entered: 11/18/1996)
1996-11-12
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia: pla's motion for production of unredacted copies of documents - denied, copies of the unredacted documents will be maintained in Magistrate Battaglia's chambers pending resolution of this case (no motion papers on file) (cc: all counsel) (dkt clerk) (Entered: 11/20/1996)
1996-11-14
1
Stipulation and Order by Magistrate Anthony J. Battaglia: re motion for protective order [9-1] hrg date of 12/17/96 is vacated, a new date for oral argument will be scheduled by the Court; opposition due 12/12/96; reply due 1/6/97; plas will make any expert who submits a declaration in opposition to dft's motion available for deposition between 12/12/96 and 12/26/96. (cc: all counsel) (dkt clerk) (Entered: 11/26/1996)
1996-11-26
1
Order by Magistrate Anthony J. Battaglia resetting motion for protective order [9-1] at 9:30 1/14/97. (cc: all counsel) (dkt clerk) (Entered: 11/26/1996)
1996-11-26
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to dfts' motion for protective order t/w prf svc (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Cathryn Campbell by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of David Gay by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Michelle Pellegrino by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Gerard Blaufarb by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Joseph Re by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Bertram Rowland by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Declaration of Mauricio Flores by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [32-1] (dkt clerk) (Entered: 12/31/1996)
1996-12-16
1
Reply memorandum of p/a's by defendant Merck KGaA, defendant Scripps Research, defendant David A Chereshin response to opposition to motion for protective order t/w prf svc (dkt clerk) (Entered: 01/10/1997)
1997-01-06
1
Declaration of William Rooklidge by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [40-1] (dkt clerk) (Entered: 01/10/1997)
1997-01-06
1
Order by Magistrate Anthony J. Battaglia granting in part and denying in part motion for protective order [9-1]; pla shall submit to chambers the declarations of Dr Pellegrino, Ms Brady, Ms Gowin and Ms Kimsey w/in 7 days of this order and send a copy to opposing counsel; pla to submit proposed protective order with modifications. (cc: all counsel) (dkt clerk) (Entered: 01/15/1997)
1997-01-14
1
3rd Amended Protective Order by Magistrate Anthony J. Battaglia (cc: all counsel) (dkt clerk) (Entered: 01/27/1997)
1997-01-24
1
Declaration of Michele Pellegrino by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re order [42-1] (dkt clerk) (Entered: 01/27/1997)
1997-01-24
1
Declaration of Rosalind Brady by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re order [42-1] t/w prf svc (dkt clerk) (Entered: 01/27/1997)
1997-01-24
1
Declaration of Teresa Kimsey by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re order [42-1] t/w prf svc (dkt clerk) (Entered: 01/27/1997)
1997-01-24
1
Declaration of Nanon Gowin by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re order [43-1] (dkt clerk) (Entered: 01/27/1997)
1997-01-24
1
Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment of invalidity of claim 8-11 of the 525 patent [ motion(s) referred to Judge Judith N. Keep ], hrg 6/23/97 at 10:30 (dkt clerk) (Entered: 03/18/1997)
1997-03-14
1
Notice of Motion Hearing by defendant Scripps Research, defendant David A Cheresh [ motion(s) referred to Judge Judith N. Keep ] motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent set for 10:30 6/23/97 t/w prf svc (dkt clerk) (Entered: 03/18/1997)
1997-03-14
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] (dkt clerk) (Entered: 03/18/1997)
1997-03-14
1
Declaration of Steven Weseman by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] (dkt clerk) (Entered: 03/18/1997)
1997-03-14
1
Statement of material facts by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh; motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] (dkt clerk) (Entered: 03/18/1997)
1997-03-14
1
Notice of motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment dismissing claims [ motion(s) referred to Judge Judith N. Keep ], hrg set for 6/30/97 at 10:30 t/w prf svc (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Statement of facts by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of Berthold Nies by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of Claus Jochen Schmitges by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of Dr David Cheresh by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of Anthony Pelletier by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Declaration of Daniel Salomon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for partial summary judgment dismissing claims [53-1] (dkt clerk) (Entered: 04/18/1997)
1997-04-10
1
Minutes: Enter Order by Judge Judith N. Keep re motion for partial summary judgment dismissing claims [53-1] and motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] 6/2/97 hearing set for 10:30 6/23/97 (cc: all counsel) (dkt clerk) (Entered: 04/19/1997)
1997-04-11
1
Minutes: Enter Order by Judge Judith N. Keep re motion for partial summary judgment dismissing claims [53-1]; hearing set for 10:30 6/30/97, opposition due 6/2/97; reply do 6/90/97, moving papers due 5/19/97. (cc: all counsel) Court Reporter: (dkt clerk) (Entered: 04/24/1997)
1997-04-18
1
Notice of Motion and Motion by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute for leave to file amended complaint [ motion(s) referred to Judith N. Keep ]; t/w prf svc motion hrg set for 9/2/97 at 10:30 (bar) Modified on 05/20/1997 (Entered: 05/20/1997)
1997-05-16
1
Memorandum of points and authorities by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute in support of motion for leave to file amended complaint [64-1]; t/w prf svc (bar) (Entered: 05/20/1997)
1997-05-16
1
Declaration of David M. Beckwith in support of plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion for leave to file amended complaint [64-1]; t/w prf svc (bar) (Entered: 05/20/1997)
1997-05-16
1
Declaration of Lynne M. Brennan in support of plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion for leave to file amended complaint [64-1]; t/w prf svc and exhibits (bar) (Entered: 05/20/1997)
1997-05-16
1
Declaration of David M. Beckwith in support of plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion for leave to file amended complaint [64-1]; t/w prf svc and exhibits (bar) (Entered: 05/20/1997)
1997-05-16
1
Ex parte Application to continue hearing on def's motion for partial sumary judgment re: damages by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute; t/w prf svc (bar) (Entered: 05/20/1997)
1997-05-16
1
Ex Parte Application for oder authorizing the filing of documents under seal by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh (bar) (Entered: 05/20/1997)
1997-05-16
1
Order by Magistrate Anthony J. Battaglia granting ex parte application authorizing the filing of documents under seal [70-1] (cc: all counsel) (bar) (Entered: 05/20/1997)
1997-05-16
1
Declaration of M. Patricia Thayer in support of defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re order [71-1] (bar) (Entered: 05/20/1997)
1997-05-16
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Ex parte application for order; decl of M. Patricia Thayer in support of ex parte application; proposed protective order granting ex parte application 70 (bar) (Entered: 05/20/1997)
1997-05-16
1
Notice of motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 8/4/97 at 10:30 (dkt clerk) (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Memorandum of P/A's re Motion for Partial Summary Judgment. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Dr David A. Cheresh. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Dr. Martin Friedlander in Support of Motion. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Alfred Jonczyk. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Lothar H. Finke. Modified on 10/26/2012 to add doc to entry(leh). (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Bruce Goddard. Modified on 10/26/2012 to add doc to entry(leh). (Entered: 05/22/1997)
1997-05-16
1
Notice of motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for protective order limiting discovery [ motion(s) referred to Judge Judith N. Keep ], motion hrg set for 8/4/97 at 10:30 t/w prf svc (dkt clerk) (Entered: 05/22/1997)
1997-05-16
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for protective order limiting discovery [81-1] (dkt clerk) (Entered: 05/22/1997)
1997-05-16
1
Declaration of Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion for protective order limiting discovery [81-1] (dkt clerk) (Entered: 05/22/1997)
1997-05-16
1
Sealed Document. Declaration of Dr. Lincoln Bynum. Modified on 10/26/2012 to add doc to entry(leh). (Entered: 05/23/1997)
1997-05-20
1
Statement material of facts by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment [74-1] (dkt clerk) (Entered: 05/23/1997)
1997-05-20
1
Memorandum of p/a's in Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to pla's ex parte req to cont hrg on motion for partial sum jgm t/w prf svc (dkt clerk) (Entered: 05/23/1997)
1997-05-21
1
Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion response [86-1] (dkt clerk) (Entered: 05/23/1997)
1997-05-21
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia resetting motion for protective order limiting discovery [81-1] at 9:00 7/1/97 before Magistrate Battaglia (dkt clerk) (Entered: 05/28/1997)
1997-05-23
1
Order by Magistrate Anthony J. Battaglia Case Management Conference set for 9:00 10/3/97 (cc: all counsel) (dkt clerk) (Entered: 05/28/1997)
1997-05-27
1
Order by Magistrate Anthony J. Battaglia resetting motion for partial summary judgment [74-1] at 8/4/97; granting dft's ex parte application for disc. (cc: all counsel) (dkt clerk) (Entered: 05/29/1997)
1997-05-28
1
Amended Motion submitted by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for protective order limiting discovery [ motion(s) referred to Magistrate Anthony J. Battaglia ] motion hrg set for 7/1/97 at 9:00 t/w prf svc (dkt clerk) (Entered: 05/30/1997)
1997-05-28
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] t/w prf svc (dkt clerk) (Entered: 06/03/1997)
1997-06-02
1
Declaration of Victor Hruby by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [92-1] (dkt clerk) (Entered: 06/03/1997)
1997-06-02
1
Declaration og Michael Pierschbacher by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [92-1] (dkt clerk) (Entered: 06/03/1997)
1997-06-02
1
Objections by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to dft's evidence and stmts of material facts in support of motion response [92-1] (dkt clerk) (Entered: 06/03/1997)
1997-06-02
1
Reply memorandum of p/a's by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] t/w prf svc (dkt clerk) (Entered: 06/10/1997)
1997-06-09
1
Response by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to pla's objections to dfts' evidence and stmt of material facts (dkt clerk) (Entered: 06/10/1997)
1997-06-09
1
Declaration of Steven Weseman by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [96-1] (dkt clerk) (Entered: 06/10/1997)
1997-06-09
1
Order by Judge Judith N. Keep Case reassigned to Judge Jeffrey T. Miller, vacating hearing re motion for protective order limiting discovery [91-1], vacating hearing re motion for partial summary judgment [74-1], vacating hearing re motion for leave to file amended complaint [64-1], vacating hearing re motion for partial summary judgment dismissing claims [53-1], vacating hearing re motion for partial summary judgment of invalidity of claim 8-11 of the 525 patent [48-1] [ above motions referred to Judge Jeffrey T. Miller ], (cc: all counsel) (dkt clerk) (Entered: 06/12/1997)
1997-06-10
1
Certificate of compliance pur LR 26.1b by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute t/w prf svc, ok per Ct (dkt clerk) (Entered: 06/13/1997)
1997-06-12
1
Minutes: Enter Order of rescusal by Judge Jeffrey T. Miller Case reassigned to Judge Judith N. Keep (cc: all counsel) (dkt clerk) (Entered: 06/16/1997)
1997-06-13
1
Notice of motion and Motion by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to compel production of docs [ motion(s) referred to Magistrate Anthony J. Battaglia ] motion hrg set for 7/1/97 at 9:00 t/w prf svc, ok to file per Ct (dkt clerk) (Entered: 06/16/1997)
1997-06-13
1
Memorandum of points and authorities by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute in support of motion to compel production of docs [102-1] (dkt clerk) (Entered: 06/16/1997)
1997-06-13
1
Declaration of Lynne Brennan by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion to compel production of docs [102-1] (dkt clerk) (Entered: 06/16/1997)
1997-06-13
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for protective order limiting discovery [91-1] t/w prf svc (dkt clerk) (Entered: 06/23/1997)
1997-06-17
1
Declaration of Lynne Brennan by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [105-1] (dkt clerk) (Entered: 06/23/1997)
1997-06-17
1
Stipulation and Order by Judge Judith N. Keep : setting motion for partial summary judgment [74-1] at 10:30 9/2/97, setting motion for partial summary judgment dismissing claims [53-1] at 10:30 9/2/97 (cc: all counsel) (dkt clerk) (Entered: 06/23/1997)
1997-06-20
1
Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of filing notice of taking motion for partial sum jgm of invalidity of claims 8-11 of the '525 Patent hrg off calendar (dkt clerk) (Entered: 06/23/1997)
1997-06-20
1
Memorandum of p/a's in Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to motion to compel production of docs [102-1] t/w prf svc (dkt clerk) (Entered: 06/25/1997)
1997-06-23
1
Declaration of Danny Chou by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion response [109-1] (dkt clerk) (Entered: 06/25/1997)
1997-06-23
1
Reply memorandum of p/a's by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for protective order limiting discovery [91-1] t/w prf svc (dkt clerk) (Entered: 06/25/1997)
1997-06-24
1
Reply Declaration of Danny Chou by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [111-1] (dkt clerk) (Entered: 06/25/1997)
1997-06-24
1
Reply Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [111-1] (dkt clerk) (Entered: 06/25/1997)
1997-06-24
1
Order by Judge Judith N. Keep granting in part and denying in part defendants' motion for partial summary judgment [48-1] ; the court denies summary judgment as to claims 8 and 9 and grants partial summary judgment for defendants as to claims 10 and 11 (cc: all counsel) (bar) Modified on 08/01/1997 (Entered: 06/27/1997)
1997-06-26
1
Reply by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to opposition to motion to compel production of docs [102-1] t/w prf svc (dkt clerk) (Entered: 07/01/1997)
1997-06-30
1
Order by Magistrate Anthony J. Battaglia granting pla's motion to compel production of docs as to req # 10 and 12 of the 4th set of requests to TSRI and # 3 & 5 of the 4th set of rewquests for production of docs to Dr Cheresh; resetting motion to compel production of docs as to req # 30 of the 5th set of requests [102-1] to 8:30 7/16/97, denying motion for protective order limiting discovery [91-1] (cc: all counsel) (dkt clerk) (Entered: 07/02/1997)
1997-07-01
1
Notice of Motion and Motion by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to compel production of documents re Mimetics of RGD Compounds [ motion(s) referred to Magistrate Anthony J. Battaglia ] motion hrg set for 07/31/97 at 9:30; t/w prf svc; OK PER COURT (bar) Modified on 07/09/1997 (Entered: 07/09/1997)
1997-07-09
1
Memorandum of points and authorities by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute in support of motion to compel production of documents re Mimetics of RGD Compounds [117-1] (bar) (Entered: 07/09/1997)
1997-07-09
1
Declaration of David M. Beckwith in support of plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion to compel production of documents re Mimetics of RGD Compounds [117-1]; t/w prf svc (bar) (Entered: 07/09/1997)
1997-07-09
1
Order by Magistrate Anthony J. Battaglia setting date for production of documents compelled to be produced by order of 7/1/97; docs responsive to req numbers 10 and 12 of plas' fourth set of reqs for production of docs to TSRI and req numbers 3 and 5 of the plas' fourth set of reqs for production of docs to Dr. Cheresh to be produced by 7/16/97; counsel may of course stipulate between themselves that certain categories of responsive docs are unrelated to to the depositions of Merck employees set to begin in Germany on 7/22/97 and agree to a later production date as to any such docs (cc: all counsel) (dkt clerk) (Entered: 07/11/1997)
1997-07-11
1
Memorandum of p/a's in Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to motion to compel production of documents re Mimetics of RGD Compounds [117-1]t/w prf svc (dkt clerk) (Entered: 07/18/1997)
1997-07-17
1
Declaration of Danny Chou by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion response [121-1] t/w prf svc (dkt clerk) (Entered: 07/18/1997)
1997-07-17
1
Order by Magistrate Anthony J. Battaglia denying motion to compel responses to req #30 of 5th set of doc requests directed to TSRI and Dr Cheresh [102-1], motion hrg vacated. (cc: all counsel) (dkt clerk) (Entered: 07/18/1997)
1997-07-17
1
Reply by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to opposition to motion to compel production of documents re Mimetics of RGD Compounds [117-1]; t/w prf svc (dkt clerk) (Entered: 07/25/1997)
1997-07-24
1
Declaration of Lynne M. Brennan by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion reply [124-1]; t/w prf svc (dkt clerk) (Entered: 07/25/1997)
1997-07-24
1
Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 9/22/97 at 10:30 a.m. t/w prf svc (dkt clerk) (Entered: 07/28/1997)
1997-07-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent [126-1] t/w prf svc (dkt clerk) (Entered: 07/28/1997)
1997-07-25
1
Notice of Motion Hearing by defendant Merck KGaA, defendant Scripps Research [ motion(s) referred to Judge Judith N. Keep ] motion for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent set for 10:30 on 9/22/97 t/w prf svc (dkt clerk) (Entered: 07/28/1997)
1997-07-25
1
Order by Magistrate Anthony J. Battaglia telephonic discovery conference held 7/28/97 re scope of deposition questions (cc: all counsel) (jrl) Modified on 07/31/1997 (Entered: 07/30/1997)
1997-07-29
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia that the motion to compel production of documents re Mimetics of RGD Compounds [117-1] is submitted, Ct to prepare order, Court Reporter: AJB97-1)421-1360 (dkt clerk) (Entered: 08/04/1997)
1997-07-31
1
Order by Magistrate Anthony J. Battaglia granting in part and denying in part motion to compel production of documents re Mimetics of RGD Compounds [117-1], lab notebooks of Dr Nicolau and his collaborators, reflecting activities conducted with peptide mimetics in accoradance with the 1995 agreement and correspondence between Merck and Scripps researchers re activities conducted with peptide mimetics under the 1995 agreement will be produced to plas by 8/22/97; motion to compel specific responses to req 17,47 and 60 of the 5th set of req for production of documents directed to Scripps is denied w/o prej (cc: all counsel) (dkt clerk) (Entered: 08/01/1997)
1997-08-01
1
Notice of motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to compel responses to deposition questions, for sanctions [ motion(s) referred to Magistrate Anthony J. Battaglia ], motion hrg set for 9/3/97 at 9:00 t/w prf svc (dkt clerk) (Entered: 08/07/1997)
1997-08-06
1
Sealed Document. Memorandum of P/A's in Support of Motion to Compel. Modified on 10/26/2012 to add doc to entry(leh). (Entered: 08/07/1997)
1997-08-06
1
Sealed Document. Declaration of Lee M. Gordon. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 08/07/1997)
1997-08-06
1
Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion to compel responses to deposition questions [132-1], re motion for sanctions [132-2] (dkt clerk) (Entered: 08/07/1997)
1997-08-06
1
Certificate of compliance to LR 26.1(b) by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh (dkt clerk) (Entered: 08/07/1997)
1997-08-06
1
Appendix of Westlaw cases filed by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion to compel responses to deposition questions [132-1], re motion for sanctions [132-2] (dkt clerk) (Entered: 08/07/1997)
1997-08-06
1
Ex Parte Application by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute for order to file docs under seal t/w prf svc (dkt clerk) (Entered: 08/19/1997)
1997-08-18
1
Declaration of Lynne Brennan by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re application [138-1] (dkt clerk) (Entered: 08/19/1997)
1997-08-18
1
Order by Judge Judith N. Keep granting application authorizing docs to be filed under seal [138-1] (cc: all counsel) (dkt clerk) (Entered: 08/19/1997)
1997-08-18
1
Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of partial resolution of pending motion of dft Scripps to compel responses to deposition questions and req for sanctions t/w prf svc (dkt clerk) (Entered: 08/20/1997)
1997-08-19
1
Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for partial summary judgment re damages [53-1] t/w prf svc (dkt clerk) (Entered: 08/20/1997)
1997-08-19
1
Declaration of Lynne Brennan by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [142-1] (dkt clerk) (Entered: 08/20/1997)
1997-08-19
1
Declaration of Michael Pierschbacher by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [142-1] (dkt clerk) (Entered: 08/20/1997)
1997-08-19
1
Declaration of Robert Towarnicki by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [142-1] (dkt clerk) (Entered: 08/20/1997)
1997-08-19
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for sanctions [132-2] t/w prf svc (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Declaration of David Beckwith by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [146-1] (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for partial summary judgment dismissing claims [53-1] t/w prf svc (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Declaration of Gerald Meyer by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [148-1] (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Declaration of Gregory Abbott by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [148-1] (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Declaration of David Beckwith by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [148-1] (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Objections by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion response [148-1] to evidence in support of motion for sum jgm (dkt clerk) (Entered: 08/21/1997)
1997-08-20
1
Sealed Document. Memorandum of Points and Authorities in Opposition to Motion for Partial Summary Judgment. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 08/21/1997)
1997-08-20
1
Sealed Document. Objections to Evidence in Support of Motion for Partial Summary Judgment. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 08/21/1997)
1997-08-20
1
Sealed Document. Declaration of David Beckwith. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 08/21/1997)
1997-08-20
1
Ex parte application for order authorizing the filing of documents under seal by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh t/w prf of svc (dkt clerk) (Entered: 08/25/1997)
1997-08-22
1
Declaration of Danny Chou by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re ex parte application [156-1] t/w prf of svc (dkt clerk) (Entered: 08/25/1997)
1997-08-22
1
Reply by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for partial summary judgment dismissing claims [53-1] t/w prf svc (dkt clerk) (Entered: 08/29/1997)
1997-08-25
1
Reply Declaration of Dr Bynum by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [164-1] (dkt clerk) (Entered: 08/29/1997)
1997-08-25
1
Responses by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to pla's objection to dft's evidence in support of motion for sum jgm (dkt clerk) (Entered: 08/29/1997)
1997-08-25
1
Sealed Document. Reply Declaration of Dr Friedlander. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 08/29/1997)
1997-08-25
1
Sealed Document. Declaration of Margaret Valnoski. Modified on 10/26/2012 to add doc to entry(leh). (Entered: 08/29/1997)
1997-08-25
1
Sealed Document. Declaration of Lee M. Gordon. Modified on 10/26/2012 to add doc to entry (leh). (Entered: 08/29/1997)
1997-08-25
1
Reply by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for partial summary judgment re damages [48-1] t/w prf svc (dkt clerk) (Entered: 08/29/1997)
1997-08-25
1
Reply Declaration of Lee Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [170-1] (dkt clerk) (Entered: 08/29/1997)
1997-08-25
1
Reply by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion to compel responses to deposition questions [132-1], motion for sanctions [132-2] t/w prf svc (dkt clerk) (Entered: 08/28/1997)
1997-08-26
1
Reply Declaration of Lee Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [158-1] (dkt clerk) (Entered: 08/28/1997)
1997-08-26
1
Supplement by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re declaration of David Beckwith [151-1] t/w prf svc (dkt clerk) (Entered: 08/28/1997)
1997-08-27
1
Order by Judge Judith N. Keep granting application [156-1] to file documents in support of motion for partial sum jgm under seal (cc: all counsel) (dkt clerk) (Entered: 08/28/1997)
1997-08-27
1
DISCREPANCY ORDER by Magistrate Anthony J. Battaglia accepting document: objections to reply declaration of Dr Friedlander from plaintiff Telios Pharmaceutica, plaintiff Burnham Institute, non-compliance with local rule 73.7 (cc: all counsel) (dkt clerk) (Entered: 08/29/1997)
1997-08-28
1
Objections by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to reply declaration of Dr Martin Friedlander in support of dfts' motion for partial sum jgm t/w prf svc, Nunc pro tunc 8/27/97 (dkt clerk) (Entered: 08/29/1997)
1997-08-28
1
Minutes: Enter Order by Judge Judith N. Keep that the motion for partial summary judgment [74-1] is submitted Court Reporter: R Green (dkt clerk) (Entered: 09/02/1997)
1997-09-02
1
DISCREPANCY ORDER by Judge Judith N. Keep accepting document: notice of lodgment from plaintiff Telios Pharmaceutica, plaintiff Burnham Institute, non-compliance with local rule: no prf of svc (cc: all counsel) (dkt clerk) (Entered: 09/04/1997)
1997-09-03
1
Notice of lodgment by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute in support of stipulation to proposed amd cmp, Nunc pro tunc 8/29/97 (dkt clerk) (Entered: 09/04/1997)
1997-09-03
1
Stipulation and Order by Judge Judith N. Keep : amd cmp for patent infringement is filed and deemed served as of date of this order (cc: all counsel) (dkt clerk) (Entered: 09/04/1997)
1997-09-03
1
1st Amended complaint [1-1] t/w prf svc (dkt clerk) (Entered: 09/04/1997)
1997-09-03
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia that the motion to compel responses to deposition questions [132-1] is submitted, that the motion for sanctions [132-2] is submitted Court Reporter: AJB97-01)0-2460 (dkt clerk) (Entered: 09/08/1997)
1997-09-03
1
Order by Judge Judith N. Keep granting dfts' motion for partial summary judgment [53-1], on the issue of notice of infringement is granted (cc: all counsel) (dkt clerk) (Entered: 09/09/1997)
1997-09-08
1
Memorandum of p/a's in Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to motion for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent [126-1] t/w prf svc (dkt clerk) (Entered: 09/11/1997)
1997-09-08
1
Declaration of David Beckwith by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute re motion response [179-1] (dkt clerk) (Entered: 09/11/1997)
1997-09-08
1
Order by Judge Judith N. Keep denying dft's motion for partial summary judgment [74-1] (cc: all counsel) (dkt clerk) (Entered: 09/12/1997)
1997-09-11
1
Order by Magistrate Anthony J. Battaglia granting in part and denying in part motion to compel responses to deposition questions [132-1], mot to compel further deposition testimony from plas re the marking efforts of plas and their licensees and transmittal of documents to their counsel are granted; mot to compel further deposition testimony from plas re the facts underlying plas legal contentions and subject matter of pla's discussions with counsel are denied; granting motion for sanctions [132-2], pla to pay sanctions in amt of $1,250 by 10/3/97. (cc: all counsel) (dkt clerk) (Entered: 09/16/1997)
1997-09-15
1
Reply memorandum of p/a's by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent [126-1] t/w prf svc (dkt clerk) (Entered: 09/17/1997)
1997-09-15
1
Stipulation and Order by Judge Judith N. Keep : Answer to amd cmp due 9/29/97 for David A Cheresh, for Scripps Research, for Merck KGaA (cc: all counsel) (dkt clerk) (Entered: 09/22/1997)
1997-09-19
1
Order by Judge Judith N. Keep denying motion for limited reconsideration of decision with respect to claims 8 and 9 of the 525 patent [126-1] (cc: all counsel) (dkt clerk) (Entered: 09/26/1997)
1997-09-25
1
Answer to amd cmp by defendant Merck KGaA t/w prf svc (dkt clerk) (Entered: 09/30/1997)
1997-09-29
1
Answer to amd cmp by defendant Scripps Research, defendant David A Cheresh t/w prf svc (dkt clerk) (Entered: 09/30/1997)
1997-09-29
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia: Case Management Conference convened 9:00 10/3/97 (dkt clerk) (Entered: 10/07/1997)
1997-10-03
1
Scheduling Order by Magistrate Anthony J. Battaglia: Discovery cut off 5/29/98 ; 1st designation of expert wit by 2/27/98 ; 2nd designation of expert wit by 3/30/98 ; Confidential Sttlmt stmt to chmbs by 1/26/98 ; All mot filed so as to be heard by 7/27/98 ; Memo of cont of facts/law fld by 8/24/98 ; Cnsl to meet per LR16.1 by 8/31/98 ; Proposed final p/t conf ord by 9/7/98 ; Mandatory Settlement Conf set for 9:00 2/9/98 ;pretrial conference set for 10:30 9/14/98 (cc: all counsel) (dkt clerk) (Entered: 10/07/1997)
1997-10-06
1
Minutes: Enter Order by Judge Judith N. Keep finding the motion for leave to file amended complaint [64-1] moot. (dkt clerk) (Entered: 10/17/1997)
1997-10-16
1
Answer by counter-defendant Telios Pharmaceutica, counter-defendant Burnham Institute to Counterclaim t/w prf svc (dkt clerk) (Entered: 10/23/1997)
1997-10-22
1
Answer by counter-defendant Telios Pharmaceutica, counter-defendant Burnham Institute to Counterclaim of Merck, demand for jury trial t/w prf svc (dkt clerk) (Entered: 10/27/1997)
1997-10-22
1
Order by Magistrate Anthony J. Battaglia: designation of experts ddl cont to 3/27/98; exchange of rebuttal experts deadline cont to 4/30/98; Discovery cut off cont to 6/30/98; Mandatory Settlement Conf cont to 1:30 5/5/98 (cc: all counsel) (dkt clerk) (Entered: 12/16/1997)
1997-12-15
1
Notice of motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to compel production of docs [ motion(s) referred to Magistrate Anthony J. Battaglia ], motion hrg set for 3/17/98 at 9:00 (dkt clerk) (Entered: 02/23/1998)
1998-02-18
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: motion to compel production of docs (dkt clerk) (Entered: 02/23/1998)
1998-02-18
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion to compel production of docs [194-1] (dkt clerk) (Entered: 02/23/1998)
1998-02-18
1
Declaration of Lee Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion to compel production of docs [194-1] (dkt clerk) (Entered: 02/23/1998)
1998-02-18
1
Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion to compel production of docs [194-1] (dkt clerk) (Entered: 02/23/1998)
1998-02-18
1
Opposition by plaintiff Burnham Institute, plaintiff Intergra Lifescience to motion to compel production of docs [194-1] (dkt clerk) (Entered: 03/05/1998)
1998-03-04
1
Declaration by plaintiff Burnham Institute, plaintiff Intergra Lifescience of David M. Beckwith re motion to compel production of docs [194-1]; t/w exh (dkt clerk) (Entered: 03/05/1998)
1998-03-04
1
Declaration by plaintiff Burnham Institute, plaintiff Intergra Lifescience of Paul C. Steinhardt re motion to compel production of docs [194-1] (dkt clerk) (Entered: 03/05/1998)
1998-03-04
1
Proof of service by plaintiff Burnham Institute, plaintiff Intergra Lifescience of: 199, 200 and 201 (dkt clerk) (Entered: 03/05/1998)
1998-03-04
1
Notice Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for leave to file first amended complaint [ motion(s) referred to Judith N. Keep ] t/w prf svc; motion hrg set for 4/6/98 at 10:30; rec'd 3/26/98; original amd cmp sent to chambers (acr) (Entered: 03/27/1998)
1998-03-09
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for leave to file first amended complaint [209-1] (acr) (Entered: 03/27/1998)
1998-03-09
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for leave to file first amended complaint [209-1] (acr) (Entered: 03/27/1998)
1998-03-09
1
DISCREPANCY ORDER by Magistrate Anthony J. Battaglia accepting document: Reply Memorandum and supporting papers from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, non-compliance with local rule 7.1.f, document is to be filed nunc pro tunc to the date received (cc: all counsel) (dkt clerk) (Entered: 03/13/1998)
1998-03-12
1
NUNC PRO TUNC TO 3/11/98 - Reply Memorandum of P/A'S by defendant to opposition to motion to compel production of docs [194-1] t/w exhibits and prf svc (dkt clerk) (Entered: 03/13/1998)
1998-03-12
1
NUNC PRO TUNC TO 3/11/98 - Request for Judicial Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh motion to compel production of docs [194-1] (dkt clerk) (Entered: 03/13/1998)
1998-03-12
1
NUNC PRO TUNC TO 3/11/98 - Declaration of Lee M Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re motion reply [204-1] t/w exhibits (dkt clerk) (Entered: 03/13/1998)
1998-03-12
1
Order by Magistrate Anthony J. Battaglia granting in part/denying in part motion to compel production of docs [194-1]. Pla are ordered to produce for inspection and copying the patents-in-suit and applications which are related to the patents-in-suit, defined as to all parents, continuations, divisionals, continuations-in-part, and foreign applications, together with file histories. Such documents should be produced and marked as "Confidential--Trial Cnsl Only" pursuant to the Protective Order fld in this case on 1/24/97. This order is w/out prejudice to the filing of a further motion for Protective Order on behalf of plas if this limited production is unduly burdensome an oppressive. Dft's motion to compel production of all applications which refer or relate to cyclic and non-cyclic RGD peptides is denied (cc: all counsel) (tlw) (Entered: 03/18/1998)
1998-03-17
1
Proof of service by plaintiff Burnham Institute, plaintiff Intergra Lifescience of: decl of David M. Beckwith in support of opposition to mot to compel production of docs, decl of Paul C. Steinhardt in support of opposition to mot to compel production of docs, opposition to mot to compel production of docs (cag) (Entered: 03/20/1998)
1998-03-19
1
Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to motion for leave to file first amended complaint [209-1] t/w prf svc (acr) (Entered: 03/27/1998)
1998-03-23
1
Declaration of Lee M. Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of opposition to motion for leave to file first amended complaint [209-1] t/w exhibits (acr) (Entered: 03/27/1998)
1998-03-23
1
Request for Judicial Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of opposition to motion for leave to file first amended complaint [209-1] t/w exhibit (acr) (Entered: 03/27/1998)
1998-03-23
1
First Designation of Expert Witnesses submitted by plaintiff Burnham Institute, plaintiff Intergra Lifescience; t/w exhibits and prf svc. (lmh) (Entered: 03/30/1998)
1998-03-27
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for clarification, and for partial reconsideration of order denying motion to compel production of documents [motion(s) referred to Magistrate J. Battaglia] (lmh) (Entered: 03/30/1998)
1998-03-30
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for clarification [216-1], in support of motion for partial reconsideration [216-2] (lmh) (Entered: 03/30/1998)
1998-03-30
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Notice of Motion and Motion for clarification and partial reconsideration of order denying motionto compel production of documents; memo of p/a in support thereof; [proposed] order (lmh) (Entered: 03/30/1998)
1998-03-30
1
Letter to court from plaintiffs in opposition to motion for clarification [216-1] and motion for partial reconsideration [216-2] (lmh) (Entered: 03/30/1998)
1998-03-30
1
Order by Magistrate Anthony J. Battaglia re motion for clarification [216-1], Ct orders plas to begin production of the patent applications and materials under the 3/16/98 order by 3/31/98 w/production to be completed no later than 4/30/98; denying motion for partial reconsideration [216-2] (cc: all counsel) (lmh) (Entered: 03/30/1998)
1998-03-30
1
Reply Memo of P/A by plaintiff Burnham Institute, plaintiff Intergra Lifescience in support of plas' motion for leave to file first amended complaint [209-1]; t/w prf svc (lmh) (Entered: 04/08/1998)
1998-03-30
1
Declaration of Michael Pierschbacher by plaintiff Burnham Institute, plaintiff Intergra Lifescience in support of motion reply for leave to file amended cmp [221-1]; t/w prf svc (lmh) (Entered: 04/08/1998)
1998-03-30
1
Declaration of David M Beckwith by plaintiff Burnham Institute, plaintiff Intergra Lifescience in support of motion reply for leave to file amended cmp [221-1]; t/w prf svc (lmh) (Entered: 04/08/1998)
1998-03-30
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 order denying in part motion to compel production of documents [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 5/5/98 at 11:00 (lmh) (Entered: 04/08/1998)
1998-04-03
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 order denying in part motion to compel production of documents [224-1] (lmh) (Entered: 04/08/1998)
1998-04-03
1
Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 order denying in part motion to compel production of documents [224-1] (lmh) (Entered: 04/08/1998)
1998-04-03
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Dfts' notice of mot for reconsideration of order denying in part mot to compel production of docs; memo of p/a in support thereof; declaration of M Patricia Thayer in support thereof (lmh) (Entered: 04/08/1998)
1998-04-03
1
Order by Judge Judith N. Keep granting motion for leave to file first amended complaint [209-1] (cc: all counsel) (lmh) (Entered: 04/08/1998)
1998-04-08
1
First Amended complaint [176-1]; demand for jury trial; t/w exhibits and prf svc. (lmh) Modified on 09/29/2000 (Entered: 04/08/1998)
1998-04-08
1
Order permitting Dr. Arno Harmann to be on telephone standby during settlement conf by Magistrate Anthony J. Battaglia; for good cause and no obj from opposing counsel, dft's req is granted (cc: all counsel) (cag) (Entered: 04/09/1998)
1998-04-09
1
Order by Magistrate Louisa S. Porter for Magistrate Anthony J. Battaglia: Telephonic Case Management Conference held before Magistrate Judge Battaglia set for 3:30 4/20/98 ; cnsl for plas shall initiate conf call. (cc: all counsel) (lmh) (Entered: 04/16/1998)
1998-04-15
1
Order by Magistrate Louisa S. Porter for Magistrate Anthony J. Battaglia: Hearing before Magistrate Judge Battaglia on Plas' mot for protective order re Dfts' notice of depo set for 9:00 on 5/7/98, Mtn filing ddl set for 4/16/98, opposition filed by 4/27/98, reply shall be forwarded directly to Magistrate Judge Battaglia's chambers by 4:00 on 5/1/98. A copy of this order shall be provided to the Clerk of the Ct upon filing of all papers related to this motion. (cc: all counsel) (lmh) Modified on 09/29/2000 (Entered: 04/16/1998)
1998-04-15
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for protective order re depos of Burnham Institute and Integra Lifescience, and req for sanctions [ motion(s) referred to Magistrate Anthony J. Battaglia ], motion hrg set for 5/7/98 at 9:00; t/w prf svc. (lmh) Modified on 09/29/2000 (Entered: 04/22/1998)
1998-04-16
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1], in support of req for sanctions [233-2], t/w prf svc. (lmh) (Entered: 04/22/1998)
1998-04-16
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1], and req for sanctions [233-2]; t/w exhibits and prf svc. (lmh) (Entered: 04/22/1998)
1998-04-16
1
Certificate of compliance pursuant to Civil Rule 26.1 by plaintiff Intergra Lifescience, plaintiff Burnham Institute; t/w prf svc. (lmh) (Entered: 04/22/1998)
1998-04-16
1
Memorandum of P/A'S in Opposition by plaintiff Burnham Institute, plaintiff Intergra Lifescience to motion for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 denying in part motion to compel production of documents [224-1] t/w prf svc (dkt clerk) (Entered: 04/23/1998)
1998-04-21
1
Order by Magistrate Anthony J. Battaglia: Ct convened telephonic CMC on 4/20/98, Mandatory Sttlmt conf set for 5/5/98 vacated, Ct to hear another Case Management Conference set for 1:30 5/5/98 (cc: all counsel) (lmh) (Entered: 04/24/1998)
1998-04-22
1
Memo of P/A in Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to plas' motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1], motion req for sanctions [233-2] (lmh) (Entered: 05/04/1998)
1998-04-28
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Memo of P/A in opposition to Plas' motions for protective order re depos of the Burnham Institute and Integra Lifesciences and Req for sanctions (lmh) (Entered: 05/04/1998)
1998-04-28
1
Reply Memo of P/A by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of dfts' motion for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 order denying in part motion to compel production of documents [224-1] (lmh) (Entered: 05/04/1998)
1998-04-28
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Reply Memo of P/A in support of dfts' motion (lmh) (Entered: 05/04/1998)
1998-04-28
1
Reply Memo of P/A by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1] and request for sanctions [233-2] (lmh) (Entered: 05/07/1998)
1998-05-01
1
Second Expert Witness Designation submitted by plaintiff Intergra Lifescience, plaintiff Burnham Institute; t/w prf svc (lmh) (Entered: 05/07/1998)
1998-05-01
1
Affidavit of Shoukat Dedhar, Ph.D. re receipt of confidential information; t/w prf svc (lmh) (Entered: 05/07/1998)
1998-05-01
1
Fourth Amended Protective Order by Magistrate Anthony J. Battaglia (cc: all counsel) (lmh) (Entered: 05/06/1998)
1998-05-04
1
Minutes: Enter Order by Magistrate Anthony J. Battaglia Case Management Conference held 1:30 5/5/98 ; Scheduling Order issued. (lmh) (Entered: 05/07/1998)
1998-05-05
1
Scheduling Order by Magistrate Anthony J. Battaglia: Pla to respond to all outstanding interrogs relating to factual basis for pla's contentions of claims infringed by 5/11/98; parties shall define all issues for Markman hrg by 5/26/98; all parties to exchange expert witness decls offering testimony on Markman issues by 6/22/98; all depos, including rebuttal testimony, concluded on all Markman witnesses by 7/20/98; parties to file briefs in support of Markman issues by 8/3/98; parties to file all reply briefs re Markman issues by 8/10/98; Markman hrg on 8/18/98 at 9:00 before Judge Keep; Dispositive Motions by 9/25/98; All Fact Discovery completed by 11/30/98; Expert discovery completed by all parties by 12/31/98 ; All mot filed so as to be heard by 2/1/99; Memo of cont of facts/law fld by 2/28/99; Cnsl to meet per LR16.1 by 3/15/99; Proposed final p/t conf ord by 3/31/99; final pretrial conference set for 10:30 4/12/99 on the calendar of Judge Keep. (cc: all counsel) (lmh) (Entered: 05/07/1998)
1998-05-06
1
Order by Judge Judith N. Keep denying motion for reconsideration of the 3/27/98 order denying motion to reconsider the 3/17/98 order denying in part motion to compel production of documents [224-1] (cc: all counsel) (lmh) (Entered: 05/07/1998)
1998-05-06
1
Order by Judge Judith N. Keep: Hearing re claim construction pursuant to Markman set for 8/18/98 ; pla shall serve and file Proposed Claim Constr Stmt no later than 6/1/98; dft shall serve and file Response to Proposed Claim Constr Stmt no later than 6/22/98; parties to meet and confer for purpose of preparing Joint Claim Constr Stmt no later than 7/6/98; parties to complete and file Joint Claim Constr Stmt no later than 7/13/98; pla shall serve and file opening brief no later than 7/20/98; dft to files its responsive brief no later than 8/3/98; pla to file any reply brief no later than 8/10/98; Ct further orders a tutorial be held on 8/4/98, no later than 7/13/98 the parties shall jointly designate a neutral expert to conduct the tutorial. (cc: all counsel) (lmh) (Entered: 05/11/1998)
1998-05-07
1
Declaration of Dr. Michael Pierschbacher by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1], in support of motion req for sanctions [233-2]; t/w prf svc. (lmh) (Entered: 05/13/1998)
1998-05-12
1
Order by Magistrate Anthony J. Battaglia granting in part/denying in part motion for protective order re depos of Burnham Institute and Integra Lifescience [233-1] (cc: all counsel) (lmh) (Entered: 05/13/1998)
1998-05-12
1
Proof of service of: Response to Decl of Dr. Pierschbacher in support of Motion for Protective Order and Req for Sanctions (lmh) (Entered: 05/18/1998)
1998-05-13
1
DISCREPANCY ORDER by Magistrate Anthony J. Battaglia; accepting document: Dft's Response to Declaration of Dr. Michael Pierschbacher from defendant Merck KGaA, Scripps Research, and David A Cheresh, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received. (cc: all counsel) (lmh) (Entered: 05/18/1998)
1998-05-15
1
Response by defendants Merck KGaA, Scripps Research, and David A Cheresh to Decl of Dr. Michael Pierschbacher in support of Motion for Protective Order and Req for Sanctions, t/w exhibits [Nunc Pro Tunc 5/11/98] (lmh) (Entered: 05/18/1998)
1998-05-15
1
Order by Magistrate Anthony J. Battaglia regarding dfts' response to declaration of Dr. Michael Pierschbacher in support of Motion for Protective Order [255-1]; Ct finds nothing therein changes the Ct's order on this subject, the 5/12/98 order will remain as previously entered. (cc: all counsel) (lmh) (Entered: 05/18/1998)
1998-05-15
1
Stipulation and Order by Judge Barry T. Moskowitz: plas have until 6/15/98 to file and serve expert decls bearing on Markman claim constr issues and dfts have until 7/2/98 to file and serve their expert decls bearing on Markman claim constr issues, t/w attached exhibits. (cc: all counsel) (lmh) (Entered: 05/28/1998)
1998-05-28
1
Proof of service by plaintiffs Intergra Lifescience, Burnham Institute of: Proposed Claim Construction Stmt (lmh) (Entered: 06/02/1998)
1998-06-01
1
Answer to 1st amd cmp by defendant Scripps Research, defendant David A Cheresh (tlw) (Entered: 06/05/1998)
1998-06-02
1
Answer to 1st Amended Complaint by defendant Merck KGaA, t/w prf svc. (lmh) (Entered: 06/10/1998)
1998-06-05
1
Declaration of Shoukat Dedhar, Ph.D re statement re claim construction [258-1]; t/w exhibit, prf svc (cag) (Entered: 06/22/1998)
1998-06-15
1
Amended Declaration of Shoukat Dedhar, Phd by plaintiff Intergra Lifescience, plaintiff Burnham Institute re Claim Construction; t/w exhibit and prf svc. (lmh) (Entered: 06/23/1998)
1998-06-19
1
Response by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to Plas' Proposed Claim Construction (lmh) (Entered: 06/23/1998)
1998-06-22
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Dfts' Response to Plas' Proposed Claim Construction (lmh) (Entered: 06/23/1998)
1998-06-22
1
Document Sealed (pursuant to Court Order) re exhibit 1 [266-1] (lmh) Modified on 07/21/1998 (Entered: 06/29/1998)
1998-06-22
1
Exhibits 2-4 Filed by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to Response to plas' proposed claim construction [264-1] (lmh) (Entered: 06/23/1998)
1998-06-22
1
Exhibits 5-19 Filed by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh Response to plas' proposed claim construction [264-1] (lmh) (Entered: 06/23/1998)
1998-06-22
1
Reply by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft Merck KGaA's answer to 1st amd cmp [261-1]; demand for jury trial; t/w prf svc. (lmh) Modified on 06/23/1998 (Entered: 06/23/1998)
1998-06-22
1
Reply by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dfts Scripps Research, David A Cheresh answer to 1st amd cmp [260-1], demand for jury trial; t/w prf svc. (lmh) (Entered: 06/23/1998)
1998-06-22
1
Unopposed Ex Parte Application by defendants Merck KGaA, Scripps Research, David A Cheresh to place confidential document under seal pursuant to protective order; t/w prf svc. (lmh) (Entered: 06/29/1998)
1998-06-29
1
Declaration of Lee M Gordon by defendants Merck KGaA, Scripps Research, David A Cheresh in support of unopposed ex parte application [270-1] (lmh) (Entered: 06/29/1998)
1998-06-29
1
Order by Judge Judith N. Keep granting unopposed ex parte application [270-1]; Exhibit 1 to Dft's Response to Plas' Proposed Claim Construction filed 6/22/98 shall be placed under seal, pursuant to Ct's 5/4/98 Protective Order. (cc: all counsel) (lmh) (Entered: 06/29/1998)
1998-06-29
1
Notice by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute of filing of joint designation of neutral expert for scientific tutorial t/w prf svc (tlw) Modified on 07/21/1998 (Entered: 07/17/1998)
1998-07-14
1
Joint claim construction Statement by plaintiff Intergra Lifescience, plaintiff Burnham Institute t/w prf svc (tlw) Modified on 07/21/1998 (Entered: 07/17/1998)
1998-07-15
1
Notice by plaintiff Burnham Institute, plaintiff Intergra Lifescience of filing of joint chart in support of joint claim construction stmt t/w attachments (Volume I) (tlw) Modified on 07/21/1998 (Entered: 07/17/1998)
1998-07-15
1
Exhibits Filed by plaintiff Burnham Institute, plaintiff Intergra Lifescience to joint claim construction stmt t/w exhibits (Volume II) (tlw) Modified on 07/21/1998 (Entered: 07/17/1998)
1998-07-15
1
Ex Parte Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute for order authorizing the filing of documents under seal, t/w prf svc. (lmh) (Entered: 07/21/1998)
1998-07-17
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of ex parte application [277-1], t/w prf svc. (lmh) (Entered: 07/21/1998)
1998-07-17
1
Order by Judge Judith N. Keep granting ex parte application [277-1], exhibits listed in the ex parte application to be submitted in support of the Joint Claim Construction Stmt shall be filed under seal; t/w prf svc. (cc: all counsel) (lmh) (Entered: 07/21/1998)
1998-07-17
1
Order by Judge Judith N. Keep: Dft's Exhibit No. 21, erroneously filed as Dft's Exhibit No. 12 is to be filed under seal pursuant to the Protective Order on file in this action; t/w prf svc. (cc: all counsel) (lmh) (Entered: 07/21/1998)
1998-07-17
1
Sealed Document. Confidential Exhibits (Volume IV) to Joint Claim Construction Statement. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 07/21/1998)
1998-07-17
1
Memorandum of P/A by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of claim construction statement [274-1]; t/w prf svc. (lmh) (Entered: 07/22/1998)
1998-07-20
1
Supplemental by plaintiff Intergra Lifescience, plaintiff Burnham Institute of exhibits in support of claim construction stmt re (volume II) exhibits [276-1] (lmh) (Entered: 07/22/1998)
1998-07-20
1
Ex parte Application by plas Burnham Institute, Intergra Lifescience to file opening claim construction brief in excess of 25 pages; t/w prf svc (cag) (Entered: 07/21/1998)
1998-07-21
1
Order by Judge Judith N. Keep granting ex parte application to file pla's opening claim construction brief in excess of 25 pages [282-1]; brief to be no more than 45 pages; t/w prf svc (cc: all counsel) (cag) (Entered: 07/21/1998)
1998-07-21
1
Order by Judge Judith N. Keep: Exhibit X, pages 205-234 of Plas' exhibits to Joint Claim Construction Stmt shall be placed under seal, pursuant to Ct's 5/4/98 Protective Order. [Exhibit X retrieved from file and placed under seal on 7/23/98] (cc: all counsel) (lmh) (Entered: 07/27/1998)
1998-07-23
1
Sealed Document. Exhibit X, pages 205-234. Modified on 10/24/2012 to add doc to entry (leh). (Entered: 07/27/1998)
1998-07-27
1
DISCREPANCY ORDER by Judge Judith N. Keep accepting document: Corrected Memo of P/A from plaintiff Intergra Lifescience, plaintiff Burnham Institute, non-compliance with local rule 7.1.h or 47.1.e, document is to be filed nunc pro tunc to the date received (cc: all counsel) (lmh) (Entered: 08/04/1998)
1998-07-31
1
Corrected Memorandum of P/A by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of claim construction statement [274-1], t/w prf svc. [Nunc Pro Tunc 7/28/98] (lmh) (Entered: 08/04/1998)
1998-07-31
1
Sealed Document. Declaration in support of dfts' memo of p/a in support of claim constructin stmt Modified on 11/7/2012 to add doc to entry (leh). (Entered: 08/05/1998)
1998-08-03
1
Sealed Document. Exhibits 27-30 in Support of Declaration (Additional attachment(s) added on 11/7/2012: # 1 Part 2, # 2 Part 3) (leh). Modified on 11/7/2012 to add docs to entry (leh). (Entered: 08/05/1998)
1998-08-03
1
Sealed Document. Exhibits 31-43 in Support of Declaration. (Additional attachment(s) added on 11/7/2012: # 1 Part 2) Modified on 11/7/2012 to add doc to entry(leh). (Entered: 08/05/1998)
1998-08-03
1
Minutes Enter Order by Judge Judith N. Keep: Tutorial held, Ct affirms construction hrg date of 9:00 8/18/98 ; Court Reporter: Renee Green (lmh) (Entered: 08/07/1998)
1998-08-04
1
Sealed Document.Memo of P/A in Support of Proposed Claims Construction (Additional attachment(s) added on 11/7/2012: # 1 Part 2). Modified on 11/7/2012 to add doc to entry (leh). (Entered: 08/07/1998)
1998-08-06
1
Ex Parte Application by plas Burnham Institute, Intergra Lifescience to file reply claim construction brief in excess of 10 pages; t/w prf svc (cag) (Entered: 08/10/1998)
1998-08-07
1
Notice of Motion in limine by dfts to exclude all extrinsic evidence relating to D-form amino acid residues [motion referred to Judge Judith N. Keep]; motion hrg set for 8/18/98 at 9:00 (cag) (Entered: 08/11/1998)
1998-08-10
1
Memorandum of points and authorities by dfts in support of motion to exclude all extrinsic evidence relating to D-form amino acid residues [296-1]; t/w exhibit (cag) (Entered: 08/11/1998)
1998-08-10
1
Proof of service by dfts of: notice of motion in limine and p/a's in support of motion in limine on 8/10/98 (cag) (Entered: 08/11/1998)
1998-08-10
1
Reply by plas re claim construction stmt [274-1]; t/w exhibits, prf svc (cag) (Entered: 08/11/1998)
1998-08-10
1
Transcript of tutorial hrg on 8/4/98 before Judge Keep filed (cag)
1998-08-10
1
No Actions
Order by Judge Judith N. Keep denying motion in limine to exclude all extrinsic evidence relating to D-form amino acid residues [296-1] (cc: all counsel) (cag) (Entered: 08/13/1998)
1998-08-13
1
Minutes: Enter Order by Judge Judith N. Keep; claim construction hrg held 8/18/98; hearing continued to 9:00 8/19/98 ; witnesses Shoukat Dedhar and Victor J. Hruby sworn and testified. Court Reporter: Renee Green (cag) (Entered: 08/21/1998)
1998-08-18
1
Minutes: Enter Order by Judge Judith N. Keep; claim construction hrg held 8/19/98; hearing continued to 11:00 8/20/98 ; witnesses Virgil Woods and William F. Degrado sworn and testified; dfts' exhibits 1-49 admitted; closing arguments held. Court Reporter: Renee Green (cag) (Entered: 08/21/1998)
1998-08-19
1
Minutes Enter Order by Judge Judith N. Keep: Claim Construction hearing held 11:00 8/20/98, the Ct gives oral findings, cnsl for the pla to submit proposed order; Court Reporter: Renee Green (lmh) (Entered: 08/24/1998)
1998-08-20
1
Transcript of claim construction hrg on 8/20/98 before Judge Keep filed (cag)
1998-08-21
1
No Actions
Order by Judge Judith N. Keep re Claim Construction, t/w prf svc. (cc: all counsel) (lmh) (Entered: 09/17/1998)
1998-09-16
1
Transcript of Claim Construction Hrg before Judge Judith N. Keep on 8/18/98, recorded by Renee Green and transcription svc by Ad Hoc Reporting (lmh)
1998-09-23
1
No Actions
Transcript of Claim Construction Hrg before Judge Judith N. Keep on 8/19/98, recorded by Renee Green and transcription svc by Ad Hoc Reporting (lmh)
1998-09-23
1
No Actions
Ex Parte Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute fo order authorizing the filing of documents under seal re plas' motion for partial summary jgm re literal infringement; t/w prf svc. (lmh) (Entered: 09/28/1998)
1998-09-24
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of ex parte application [305-1]; t/w prf svc. (lmh) (Entered: 09/28/1998)
1998-09-24
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00; t/w prf svc. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of M. Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1]; t/w attached exhibits. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of Mark Chao by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1]; t/w attached exhibits. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [313-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of M. Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [313-1]; t/w attached exhibits. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for summary judgment of invalidity of claim 8 of the '525 patent because of double patenting [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00 (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent because of double patenting [316-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of Talivaldis Cepuritis by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent because of double patenting [316-1]; t/w attached exhibits (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00 (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [319-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of Steven D. Weseman by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [319-1]; t/w attached exhibits. (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for summary judgment of invalidity of claim 8 of the '525 patent under 35 USC 112 [ motion(s) referred ] motion hrg set for 11/2/98 at 11:00 (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent under 35 USC 112 [322-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Ex Parte Application by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for order authorizing the filing of documents under seal (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for partial summary judgment under the Doctrine of Laches [ motion(s) referred Judge Judith N. Keep] motion hrg set for 11/2/98 at 11:00 (lmh) (Entered: 09/28/1998)
1998-09-25
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment under the Doctrine of Laches [325-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of Dr. Claus Jochen Schmitges by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment under the Doctrine of Laches [325-1]; t/w attached exhibits (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of Dr. Reinhard Schuttler by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment under the Doctrine of Laches [325-1] (lmh) (Entered: 09/28/1998)
1998-09-25
1
Declaration of M. Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment under the Doctrine of Laches [325-1]; t/w attached exhibits (lmh) (Entered: 09/28/1998)
1998-09-25
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for summary judgment of invalidity of claim 8 of the '525 patent, and for summary judgment of invalidity of claims 14-16 of the '997 patent [ motion(s) referred to Judge Judith N. Keep ], motion hrg set for 11/2/98 at 11:00; t/w prf svc. (lmh) (Entered: 09/30/1998)
1998-09-28
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], and summary judgment of invalidity of claims 14-16 of the '997 patent [330-2] (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Steven D. Weseman by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], and summary judgment of invalidity of claims 14-16 of the '997 patent [330-2]; t/w attached exhibits (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Virgil Woods by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1] (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Virgil Woods by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of dfts' motio for partial summary jdg re anticipation of the asserted claims of the '525 and '997 patents; t/w exhibits. (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Mauricio Rosenfeld by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], and for summary judgment of invalidity of claims 14-16 of the '997 patent [330-2]; t/w exhibits (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Douglas A. Bingham by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], and for summary judgment of invalidity of claims 14-16 of the '997 patent [330-2] (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Talivaldis Cepuritis by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], and for summary judgment of invalidity of claims 14-16 of the '997 patent [330-2]; t/w exhibits (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Christoph Riemer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh (lmh) (Entered: 09/30/1998)
1998-09-28
1
Declaration of Juergen Boer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh; t/w exhibits (lmh) (Entered: 09/30/1998)
1998-09-28
1
Order by Judge Judith N. Keep granting ex parte application [324-1], exhibits listed in the ex parte application to be submitted in support of plas' Motion for Partial Summary Jgm re Literal Infringement shall be filed under seal. (cc: all counsel) (lmh) (Entered: 09/30/1998)
1998-09-29
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for partial summary judgment re Literal Infringement [ motion(s) referred to Judge Judith N. Keep ] motion hrg set for 11/2/98 at 11:00; t/w prf svc. (lmh) (Entered: 09/30/1998)
1998-09-29
1
Sealed Document. Memorandum of P/A in Support of Motion for Partial Summary Judgment. Modified on 10/25/2012 to add file date to lodgment (leh). (Entered: 09/30/1998)
1998-09-29
1
Sealed Document. Declaration of David M. Beckwith Re Motion for Partial Summary Judgment. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 09/30/1998)
1998-09-29
1
Sealed Document. Declaration of David M. Beckwith Authenticating Exhibit J in Support motion for partial summary judgment. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 09/30/1998)
1998-09-29
1
Sealed Document. Declaration of Shoukat Dedhar, Ph.D. in Support of Motion for Partial Summary Judgment. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 09/30/1998)
1998-09-29
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute upon William C. Rooklidge, ESQ of: Notice of Motion and Motion for partial summary jgm re literal infringement, Memo of P/A, Decl of David M. Beckwith, Decl of David M. Beckwith and Decl of Shoukat Dedhar, PhD in support thereof (lmh) (Entered: 10/05/1998)
1998-10-02
1
DISCREPANCY ORDER by Judge Judith N. Keep accepting document: Letter from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, non-compliance with local rule 83.9, document is to be filed nunc pro tunc to the date received. (cc: all counsel) (lmh) (Entered: 10/06/1998)
1998-10-06
1
Declaration of Laura L. Ata by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, t/w attached prf svc and letter. [NUNC PRO TUNC 10/5/98] (lmh) (Entered: 10/06/1998)
1998-10-06
1
DISCREPANCY ORDER by Judge Judith N. Keep accepting document: Declaration in support of motion from defendant Merck KGaA; non-compliance with local rule 7.1.e or 47.1.b.1; document is to be filed nunc pro tunc to the date received (cc: all counsel) (acr) (Entered: 10/15/1998)
1998-10-14
1
Declaration of Virgil Woods by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of dfts' motion for partial sum jgm re anticipation of the asserted claims of the '525 and '997 patents t/w exhibits t/w prf svc; NUNC PRO TUNC 10/13/98 (acr) (Entered: 10/15/1998)
1998-10-14
1
Notice of Motion and Motion by defendants Merck KGaA, Scripps Research, David A Cheresh to compel further discovery responses [ motion(s) referred to Magistrate Anthony J. Battaglia ] motion hrg set for 11/12/98 at 11:00; t/w prf svc. (lmh) (Entered: 10/19/1998)
1998-10-15
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion to compel further discovery responses [351-1]; t/w attachment. (lmh) (Entered: 10/19/1998)
1998-10-15
1
Declaration of Lee Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion to compel further discovery responses [351-1]; t/w attached exhibits (lmh) (Entered: 10/19/1998)
1998-10-15
1
Stipulation and Order by Judge Judith N. Keep re motion for partial summary judgment re Literal Infringement [341-1]: opposition memo field by 10/26/98, reply memo filed by 11/2/98, 10/26/98 motion hearing reset for 11:00 11/9/98; t/w prf svc. (cc: all counsel) (lmh) (Entered: 10/19/1998)
1998-10-16
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for partial summary judgment under the Doctrine of Laches [325-1]; t/w attached exhibits and prf svc. (lmh) (Entered: 10/20/1998)
1998-10-19
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in suppport of Opposition [355-1]; t/w prf svc. (lmh) (Entered: 10/20/1998)
1998-10-19
1
Declaration of Michael Pierschbacher, PhD by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of opposition to motion [355-1]; t/w attached exhibits and prf svc. (lmh) (Entered: 10/20/1998)
1998-10-19
1
Sealed Document. Declaration of Brigitte Chambers in Support of Opposition to Motion. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 10/21/1998)
1998-10-19
1
Sealed Document. Confidential portions of Exhibit 12 Re opposition to motion. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], motion for summary judgment of invalidity of claims 14-16 of the '997 patent [330-2]; t/w attached exhibits and prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [319-1]; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1]; t/w attached exhibit and prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [313-1]; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1]; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for summary judgment of invalidity of claim 8 of the '525 patent under 35 USC 112 [322-1]; t/w attached exhibits and prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for summary judgment of invalidity of claim 8 of the '525 patent because of double patenting [316-1]; t/w attached exhibit and prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Declaration of Michael D. Pierschbacher, PhD by plaintiff Intergra Lifescience, plaintiff Burnham Institute in opposition to motions for summary judgments [341-1], [330-1], [330-2], [325-1], [322-1], [319-1], [316-1], [313-1], [310-1], [307-1]; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Declaration of Shoukat Dedhar, PhD by plaintiff Intergra Lifescience, plaintiff Burnham Institute in opposition to motions for partial summary judgment [341-1], [330-1], [330-2], [325-1], [322-1], [319-1], [316-1], [313-1], [310-1], [307-1]; t/w attached exhibit and prf svc. (lmh) (Entered: 10/21/1998)
1998-10-19
1
Ex Parte Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute for order authorizing the filing of documetns under seal re plas' opposition to dfts' motion for partial sum jgm under the Doctrine of Laches; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-20
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of ex parte application [369-1]; t/w prf svc. (lmh) (Entered: 10/21/1998)
1998-10-20
1
Order by Judge Judith N. Keep granting ex parte application [369-1], the exhibits listed in the ex parte application to be submitted in support of plas' opposition to dfts' motion for partial sum jgm under the Doctrine of Laches shall be filed under seal; t/w prf svc. (cc: all counsel) (lmh) (Entered: 10/21/1998)
1998-10-20
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Memo of P/A in opposition to Mot for partial sum jgm under the Doctrine of Laches; Decl of Brigitte Chambers, Decl of Michael Pierschbacher, PhD, Decl of Lynne M Brennan and confidential portions of Exhibit 12 filed under seal in support thereof; by personal service (lmh) (Entered: 10/27/1998)
1998-10-21
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Memo of P/A in opposition to dfts' mot for sum jgm of invalidity of claim 8 of the '525 patent because of double patenting; Memo of P/A in opposition to motion for partial sum jgm re invalidity of claim 8 of the '525 patent under 35 USC 112; Memo of P/A in opposition to mot for partial sum jgm re invalidity of claim 2 of the '621 patent under 35 USC 102(b); Memo of P/A in opposiiton ot mot for partial sum jgm to invalidate the asserted claims of the '997 patent; Memo of P/A in opposition to mot for partial sum jgm that the asserted claims of the '997, '237 and '621 patents are not enabled; Memo of P/A in opposition to mot for partial sum jgm r invalidity and non-infringement of asserted patent claims re peptide; Memo of P/A in opposition to motion for partial sum jgm of invalidity of claim 8 of the '525 patent and for sum jgm of invalidity of claims 14-16 of the '997 patent; Decl of Shoukat Dedhar and Decl of Michael D. Pierschbacher in support thereof (lmh) (Entered: 10/27/1998)
1998-10-21
1
Reply by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for partial summary judgment under the Doctrine of Laches [325-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion reply [374-1]; t/w attached exhibits (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Memo of P/A by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Memo of P/A by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent [330-1], motion for summary judgment of invalidity of claims 14-16 of the '997 patent [330-2] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Declaration of M Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion reply [377-1]; t/w attached exhibit (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to opposition to motion for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [319-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Declaration of Steven D Weseman by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh w/respect to Exhibit I and in support of motion reply [379-1]; t/w attached exhibit (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Brief by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Brief by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [313-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Reply Brief by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for summary judgment of invalidity of claim 8 of the '525 patent under 35 USC 112 [322-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of withdrawal of Motion for Summary Jgm of Invalidity of Claim 8 of the '525 Patent because of double patenting (lmh) (Entered: 10/27/1998)
1998-10-26
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Reply Memo of P/A in support of Mot for partial sum jgm under the Doctrine of Laches, Decl of M Patricia Thayer; Reply Memo of P/A in support of Mot for partial sum jgm that the asserted claims of the '997, '237 and '621 patents are not enabled; Reply Memo of P/A in support of Mot for partial sum jgm of invalidity of claim 8 of the '525 patent and invalidity of claims 14-16 of the '997 patent, Decl of M Patricia Thayer; Reply to Oppos to Mot for sum jgm of invalidity and noninfringement of asserted patent claims re a peptide, Decl of Steven D Weseman; Reply Brief in support of Mot for partial sum jgm of invalidity of claim 2 of the '621 patent; Reply Brief in support of Mot for partial sum jgm to invalidate the asserted claims of the '997 patent; Reply Brief in support of Mot for partial sum jgm of invalidity of claim 8 of the '525 patent; Notice of Withdrawal of Mot for sum jgm of invalidity of claim 8 of the '525 patent. (lmh) (Entered: 10/27/1998)
1998-10-26
1
Memo in Opposition by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to motion for partial summary judgment re Literal Infringement [341-1] (lmh) (Entered: 10/27/1998)
1998-10-26
1
Declaration of Kim D Janda by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of opposition to motion [386-1]; t/w attached exhibits (lmh) (Entered: 10/27/1998)
1998-10-26
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Memo of P/A in opposition to plas' Motion for partial sum jgm re literal infringement; Decl of Kim D Janda in support thereof (lmh) (Entered: 10/27/1998)
1998-10-26
1
Order setting form of Pre-Trial Order by Magistrate Anthony J. Battaglia and scheduling submission of documents to the Ct. (cc: all counsel) (lmh) (Entered: 10/27/1998)
1998-10-27
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to compel further discovery responses [351-1]; t/w prf svc. (lmh) (Entered: 11/02/1998)
1998-10-29
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of opposition to motion [390-1]; t/w attached exhibit and prf svc. (lmh) (Entered: 11/02/1998)
1998-10-29
1
Declaration of Lynne M Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of opposition to motion [390-1]; t/w attached exhibits and prf svc. (lmh) (Entered: 11/02/1998)
1998-10-29
1
Ex Parte Application by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for order authorizing the filing of documents under seal. (lmh) (Entered: 11/02/1998)
1998-10-30
1
Order by Judge Judith N. Keep granting ex parte application [393-1], allowing the Decls of Dr David A Cheresh, M Patricia Thayer, Simon Good,an and Ulricke Grimm in opposition to plas' mot for partial summary re Literal Infringement be filed under seal. (cc: all counsel) (lmh) (Entered: 11/02/1998)
1998-10-30
1
Sealed Document. Declaration in support of motion response. Modified on 11/7/2012 to add doc to entry (leh). (Entered: 11/02/1998)
1998-10-30
1
Sealed Document. Declaration in support of motion response. Modified on 11/7/2012 to add doc to entry (leh). (Entered: 11/02/1998)
1998-10-30
1
Sealed Document. Declaration in support of motion response. Modified on 11/7/2012 to add doc to entry(leh). (Entered: 11/02/1998)
1998-10-30
1
Sealed Document. Declaration in support of motion response Modified on 11/7/2012 to add doc to entry (leh). (Entered: 11/02/1998)
1998-10-30
1
Stipulation and Order by Magistrate Anthony J. Battaglia : re close of deposition-based discovery; t/w prf svc. (cc: all counsel) (lmh) (Entered: 11/03/1998)
1998-11-02
1
Reply by plaintiffs Intergra Lifescience, Burnham Institute to opposition to motion for partial summary judgment re Literal Infringement [341-1]; t/w exhibits, prf svc (cag) (Entered: 11/03/1998)
1998-11-02
1
Proof of service by plaintiffs Burnham Institute, Intergra Lifescience of reply memo in support of partial sum jgm re literal infringement on 11/2/98 (cag) (Entered: 11/05/1998)
1998-11-03
1
Notice by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of filing Appendix of Non-published Federal Authorities in support of dfts' Motion to Compel further Discovery Responses; t/w attached exhibits and prf svc. (lmh) (Entered: 11/06/1998)
1998-11-05
1
Reply Memo of P/A by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion to compel further discovery responses [351-1]; t/w prf svc. (lmh) (Entered: 11/06/1998)
1998-11-05
1
Order by Judge Judith N. Keep Case reassigned to Judge Thomas J. Whelan (cc: all counsel) (jrl) (Entered: 11/09/1998)
1998-11-09
1
Request by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for: filing a Surreply Memo re plas' Motion for Partial Summary Jgm re Literal Infringement. (lmh) (Entered: 11/17/1998)
1998-11-16
1
Order by Judge Thomas J. Whelan granting request [405-1], Ct permits the filing of the Surreply Memo re plas' motion for partial summary jgm re Literal Infringement. (cc: all counsel) (lmh) (Entered: 11/17/1998)
1998-11-16
1
Surreply Memorandum by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh re plas' motion for partial summary judgment re Literal Infringement [341-1] (lmh) (Entered: 11/17/1998)
1998-11-16
1
Order by Judge Thomas J. Whelan: Ct denies motion for partial summary judgment of invalidity and non-infringement of asserted patent claims that require a peptide that is not found in nature [319-1], motion for summary judgment of invalidity of claim 8 of the '525 under 35 USC 112 [316-1], and motion for partial summary judgment to invalidate the asserted claims of the '997 patent due to untimely claiming in the Patent Office [313-1]; the remaining motions filed by the parties have been taken under submission. (cc: all counsel) (lmh) (Entered: 11/18/1998)
1998-11-18
1
Order by Judge Thomas J. Whelan re Discovery and Pretrial Dates; t/w prf svc. (cc: all counsel) (lmh) (Entered: 11/25/1998)
1998-11-25
1
Order setting form of pretrial order and scheduling submission of docs to the ct by Judge Thomas J. Whelan (cc: all counsel) (cag) (Entered: 12/02/1998)
1998-12-01
1
Minutes Enter Order by Magistrate Anthony J. Battaglia: Pla's motion req for sanctions [233-2] is denied as moot. (lmh) (Entered: 12/10/1998)
1998-12-08
1
Declaration of Victor Hruby regarding claim construction(original not found, per CRD file for the record) (dkt clerk) (Entered: 12/21/2001)
1998-12-15
1
Notice of Motion and Motion by dfts for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) ; [motion referred to Magistrate Anthony J. Battaglia]; motion hrg set for 1/19/99 at 11:00 (cag) (Entered: 12/22/1998)
1998-12-21
1
Memorandum of points and authorities by dfts in support of motion for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) [412-1] (cag) (Entered: 12/22/1998)
1998-12-21
1
Declaration of Atty M. Patricia Thayer re motion for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) [412-1]; t/w exhibits (cag) (Entered: 12/22/1998)
1998-12-21
1
Proof of service by dfts of notice of motion and motion for protective order, p/a's and decl on 12/21/98 (cag) (Entered: 12/22/1998)
1998-12-21
1
Order by Judge Thomas J. Whelan denying motion for partial summary judgment under the Doctrine of Laches [325-1]. (cc: all counsel) (lmh) (Entered: 12/23/1998)
1998-12-23
1
Order by Magistrate Anthony J. Battaglia: Dfts' motion to compel further discovery responses [351-1] is granted in part and denied in part. (cc: all counsel) (lmh) (Entered: 01/06/1999)
1999-01-05
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dfts' motion for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) [412-1]; t/w attached exhibits. (lmh) (Entered: 01/06/1999)
1999-01-05
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion response [418-1] (lmh) (Entered: 01/06/1999)
1999-01-05
1
Notice of Motion and Motion by defendants to compel answers to deposition questions re prosecution of patents-in-suit [ motion(s) referred to Magistrate Anthony J. Battaglia ] motion hrg set for 2/2/99 at 11:00 (lmh) (Entered: 01/06/1999)
1999-01-05
1
Memorandum of points and authorities by defendants in support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1] (lmh) (Entered: 01/06/1999)
1999-01-05
1
Declaration of Lee M. Gordon by defendants in support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]; t/w attached exhibits. (lmh) (Entered: 01/06/1999)
1999-01-05
1
Declaration of M. Patricia Thayer by defendants in support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]; t/w attached exhibit. (lmh) (Entered: 01/06/1999)
1999-01-05
1
Appendix by defendants of Non-Federal authorities in support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]; t/w attached exhibits. (lmh) (Entered: 01/06/1999)
1999-01-05
1
Proof of service by defendants of: Notice of Motion and Motion to compel answers to depo questions re prosecution of patents-in-suit; memo of p/a, decl of Lee M. Gordon and M. Patricia Thayer, Appendix of non-federal authorities in support thereof by personal svc on 1/5/99. (lmh) (Entered: 01/06/1999)
1999-01-05
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Memo of P/A in Opposition to dft's motion for protective order and decl of Lynne M. Brennan in support thereof (lmh) (Entered: 01/07/1999)
1999-01-06
1
Reply Memo by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) [412-1] (lmh) (Entered: 01/13/1999)
1999-01-11
1
Notice of Motion and Motion by plas Intergra Lifescience, Burnham Institute to compel depos of Merck KCaA pursuant to Rule 30(b)(6), request for sanctions ; [motions referred to Magistrate Anthony J. Battaglia]; motion hrg set for 2/11/99 at 11:00 (cag) (Entered: 01/15/1999)
1999-01-14
1
Memorandum of points and authorities by plas Intergra Lifescience, Burnham Institute in support of motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1], in support of request for sanctions [428-2] (cag) (Entered: 01/15/1999)
1999-01-14
1
Declaration of Atty David M. Backwith re motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1], re request for sanctions [428-2] t/w exhibits (cag) (Entered: 01/15/1999)
1999-01-14
1
Ex Parte Application by plas Intergra Lifescience, Burnham Institute for order authorizing filing of docs under seal in support of motion to compel 428 (cag) (Entered: 01/15/1999)
1999-01-14
1
Declaration of Atty David M. Beckwith re ex parte application for order authorizing filing of docs under seal in support of motion to compel [431-1] (cag) (Entered: 01/15/1999)
1999-01-14
1
Order by Magistrate Anthony J. Battaglia granting ex parte application [431-1] to file exhibit listed in appl to be filed under seal (cag) (Entered: 01/15/1999)
1999-01-14
1
Sealed Document. Exhibit C to Declaration of David M. Beckwith. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 01/15/1999)
1999-01-14
1
Proof of service by plaintiffs of: Ex Parte Appl for order authorizing the filing of docs under seal in support of pla's motion to compel; Decl of David M. Beckwith in support thereof; [proposed] order; Notice of Mot and Mot to compel depo of Merck KGaA and req for monetary sanctions; Memo of P/A, Decl of David M. Beckwith and Exhibit C to decl in support thereof. (lmh) (Entered: 01/19/1999)
1999-01-15
1
Stipulation and Order by Judge Thomas J. Whelan : modifying the expert witness discovery dates. (lmh) (Entered: 01/19/1999)
1999-01-19
1
Order by Judge Thomas J. Whelan: Pretrial conf set for 4/21/99 is vacated reset for 11:00 7/19/99 (lmh) Modified on 01/22/1999 (Entered: 01/19/1999)
1999-01-19
1
Stipulation and Order by Magistrate Anthony J. Battaglia re motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]: opposition to motion no later than 1/22/99, reply to opposition to motion no later than 1/29/99, motion hearing currently set for 2/2/99 at 11:00 is vacated and is now set for 11:00 2/11/99 (lmh) (Entered: 01/21/1999)
1999-01-21
1
Order by Magistrate Anthony J. Battaglia granting in part/denying in part motion for protective order re notice of depo of Scripps Rsearch Institute pursuant to Rule 30(b)(6) [412-1] (lmh) (Entered: 01/21/1999)
1999-01-21
1
DISCREPANCY ORDER by Magistrate Anthony J. Battaglia accepting document: Motion to Compel further Discovery from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 01/25/1999)
1999-01-22
1
Notice of Motion and Motion by defendants to compel further discovery responses [ motion(s) referred to Magistrate Anthony J. Battaglia ], motion hrg set for 2/11/99 at 11:00. [NUNC PRO TUNC 1/20/99] (lmh) (Entered: 01/25/1999)
1999-01-22
1
Memorandum of points and authorities by defendants in support of motion to compel further discovery responses [441-1]. [NUNC PRO TUNC 1/20/99] (lmh) (Entered: 01/25/1999)
1999-01-22
1
Declaration of Jonathan N. Geld by defendants in support of motion to compel further discovery responses [441-1], t/w attached exhibits. [NUNC PRO TUNC 1/20/99] (lmh) (Entered: 01/25/1999)
1999-01-22
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]; t/w attached exhibits (lmh) (Entered: 01/26/1999)
1999-01-25
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion response [444-1] (lmh) (Entered: 01/26/1999)
1999-01-25
1
Declaration of Cathryn Campbell by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion response [444-1]; t/w attached exhibits (lmh) (Entered: 01/26/1999)
1999-01-25
1
Order by Judge Thomas J. Whelan denying motion for partial summary judgment that the asserted claims of the '997, '237 and '621 patents are not enabled [307-1] (dkt clerk) (Entered: 01/26/1999)
1999-01-26
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Memo of P/A in opposition to dfts' motion to compel answers to depo questions re prosecution of patents-in-suit; Decl of Cathryn Campbell and Lynne M. Brennan in support thereof (lmh) (Entered: 01/27/1999)
1999-01-26
1
Order by Judge Thomas J. Whelan requesting additional briefing, plas ordered to submit a Surreply Memo no later than 1:00 2/3/99; dfts' response to surreply filed by 2/5/99. (lmh) (Entered: 01/27/1999)
1999-01-26
1
Opposition by defendant Merck KGaA to motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1] (lmh) (Entered: 02/02/1999)
1999-01-28
1
Declaration of M. Patricia Thayer by defendant Merck KGaA in support of motion response [450-1]; t/w attached exhibits (lmh) (Entered: 02/02/1999)
1999-01-28
1
Declaration of Talivaldis Cepuritis by defendant Merck KGaA in support of motion response [450-1] (lmh) (Entered: 02/02/1999)
1999-01-28
1
Amended Proof of Service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Plaintiffs' proposed jury instructions. (jah) (Entered: 01/31/2000)
1999-01-28
1
Reply Brief by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh iin support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1] (lmh) (Entered: 02/02/1999)
1999-01-29
1
Proof of service by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh of: Dfts' Reply Brief in support of Motion to compel answers to dep questions re prosecution of patents-in-suit on 1/29/99 by personal svc. (lmh) (Entered: 02/02/1999)
1999-01-29
1
Notice of lodgment of Depo Transcript of Cathryn Campbell by defendants in support of motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1]. (Lodgment sent to Ct) (lmh) (Entered: 02/03/1999)
1999-02-02
1
Memo of P/A in support of Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to compel further discovery responses [441-1]; t/w attached exhibits (lmh) (Entered: 02/04/1999)
1999-02-03
1
Declaration of Cathryn Campbell by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of opposition to motion to compel further discovery responses [456-1]; t/w attached exhibits (lmh) (Entered: 02/04/1999)
1999-02-03
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of opposition to motion to compel further discovery responses [456-1] (lmh) (Entered: 02/04/1999)
1999-02-03
1
Surreply by plaintiff Intergra Lifescience, plaintiff Burnham Institute in opposition to motion for partial sum jgm re invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1]. (OK per Ct to file) (lmh) (Entered: 02/04/1999)
1999-02-03
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of Surreply [459-1]; t/w attached exhibits (lmh) (Entered: 02/04/1999)
1999-02-03
1
Declaration of Michael D. Pierschbacher, Ph.D. by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of Surreply [459-1] (lmh) (Entered: 02/04/1999)
1999-02-03
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Memo of P/A in support of pla's opposition to dft's motion to compel further discovery responses (lmh) (Entered: 02/04/1999)
1999-02-04
1
Reply Memo of P/A by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1], motion request for sanctions [428-2] (lmh) (Entered: 02/08/1999)
1999-02-04
1
Certificate by plaintiff Intergra Lifescience, plaintiff Burnham Institute of Compliance re motion to compel deposition of Merck KGaA pursuant to Rule 30(b)(6) and req for monetary sanctions (lmh) (Entered: 02/08/1999)
1999-02-04
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Surreply in Opposition to dft's Motion for partial sum jgm re invalidity of claim 2 of the '621 patent under 35 USC 102(b) (lmh) (Entered: 02/08/1999)
1999-02-05
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Certificate of Compliance re motion to compel deposition of Merck KGaA pursuant to Rule 30(b)(6), and req for monetary sanctions (lmh) (Entered: 02/08/1999)
1999-02-05
1
Response by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh to Surreply Memo in support of dfts' Motion for partial sum jgm of invalidity of claim 2 of the '621 patent (lmh) (Entered: 02/08/1999)
1999-02-05
1
Amended Reply Memo of P/A by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1], motion request for sanctions [428-2] (lmh) (Entered: 02/08/1999)
1999-02-08
1
Amended Certificate by plaintiff Intergra Lifescience, plaintiff Burnham Institute of Compliance re motion to compel deposition of Merck KGaA pursuant to Rule 30(b)(6), and req for monetary sanctions; t/w attached exhibit (lmh) (Entered: 02/08/1999)
1999-02-08
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Decl of Lee Gordon from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, non-compliance with local rule 5.1.j.4, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 02/08/1999)
1999-02-08
1
Declaration of Lee M. Gordon by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for partial summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1]; t/w attached exhibits. [NUNC PRO TUNC 2/5/99] (lmh) (Entered: 02/08/1999)
1999-02-08
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Amd Reply Memo of P/A in support of pla's mot to compel depos on Merck KGaA pursuant to Rule 30(b)(6), and req for monetary sanctions; Amd certificate of compliance re mot to compel depo of Merck KGaA and req for monetary sanctions. (lmh) (Entered: 02/09/1999)
1999-02-08
1
Order by Judge Thomas J. Whelan: dfts' motion for summary judgment of invalidity of claim 2 of the '621 patent under 35 USC 102(b) [310-1] is granted. (lmh) (Entered: 02/09/1999)
1999-02-09
1
Order by Judge Thomas J. Whelan: Dfts' motion for parital sum jgm that Claim 8 of the '525 Patent and Claims 15 and 16 of the '997 Patent are invalid is denied; dft's motion for partial sum jgm is granted w/respect to Claim 14 of the '997 Patent. (lmh) (Entered: 02/11/1999)
1999-02-11
1
DISCREPANCY ORDER by Magistrate Anthony J. Battaglia accepting document: Reply from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 02/12/1999)
1999-02-11
1
Reply Memo by defendants in support of motion to compel further discovery responses [441-1]. [NUNC PRO TUNC 2/10/99] (lmh) (Entered: 02/12/1999)
1999-02-11
1
Order by Judge Thomas J. Whelan: pla's motion for partial summary judgment re Literal Infringement [341-1] is denied. (lmh) (Entered: 02/12/1999)
1999-02-12
1
Order by Magistrate Anthony J. Battaglia: Dfts' motion to compel answers to deposition questions re prosecution of patents-in-suit [420-1] is granted. (lmh) Modified on 02/22/1999 (Entered: 02/17/1999)
1999-02-16
1
Order by Magistrate Anthony J. Battaglia: Plas' motion to compel depos of Merck KCaA pursuant to Rule 30(b)(6) [428-1] is granted in part/denied in part, plas' motion request for sanctions [428-2] is denied. (lmh) (Entered: 02/17/1999)
1999-02-16
1
Ex Parte Application by defendant Merck KGaA, defendant Scripps Research for permission to submit motion for reconsideration of Ct's 2/11/99 Order (lmh) (Entered: 03/01/1999)
1999-02-26
1
Order by Magistrate Anthony J. Battaglia granting motion to compel further discovery responses [441-1], the documents shall be provided w/in 10 days of the svc of the order. (lmh) (Entered: 03/01/1999)
1999-02-26
1
Stipulation and Order by Judge Thomas J. Whelan re Pretrial dates: Pretrial Conf Order filing per Ct Order of 7/7/99; Final Pretrial Conf 7/19/99. (lmh) Modified on 03/09/1999 (Entered: 03/02/1999)
1999-03-01
1
Objections and Appeal by plaintiff Intergra Lifescience, plaintiff Burnham Institute to Magistrate Judge Battaglia's order [478-1]; t/w exhibit (lmh) (Entered: 03/04/1999)
1999-03-03
1
Declaration of Cathryn Campbell by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of objection and appeal [483-1]; t/w exhibits (lmh) (Entered: 03/04/1999)
1999-03-03
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of objection and appeal [483-1]; t/w exhibits (lmh) (Entered: 03/04/1999)
1999-03-03
1
Opposition by plaintiff Burnham Institute, plaintiff Intergra Lifescience to ex parte request to file moiton for reconsideration re invalidity of '525 and '997 patents; t/w exhibits (rab) (Entered: 03/05/1999)
1999-03-04
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Objs to and appeal of Magistrate Judge Battaglia's ruling granting dft's mot to compel answers to depo questions re prosecution of patents-in-suit; decls of Cathryn Campbell and Lynne M. Brennan in support thereof (lmh) (Entered: 03/05/1999)
1999-03-04
1
JOINDER by defendant David A Cheresh in Ex Parte Appl of dfts Merck KGaA and Scripps to submit motion for reconsideration of Ct's 2/11 Order. (lmh) (Entered: 03/08/1999)
1999-03-04
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: Opposition to dfts' Ex Parte Req to file motion for reconsideration re invalidity of '525 and '997 patents (lmh) (Entered: 03/08/1999)
1999-03-05
1
Reply Memo by defendants in support of ex parte applicatin for leave to file motion for reconsideration [480-1] (lmh) (Entered: 03/11/1999)
1999-03-10
1
Ex Parte Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute for motion for reconsideration of Ct Order granting motin for sum jgm re invalidity of claim 2 of the '621 patent under 35 USC 102(b) (lmh) (Entered: 03/12/1999)
1999-03-11
1
Order by Judge Thomas J. Whelan: dfts' ex parte application for leave to file a motion for reconsideration [480-1] is hereby denied; dfts' alternative req to file additional sum jgm motions is also denied. (lmh) (Entered: 03/12/1999)
1999-03-11
1
Proof of service by plaintiff of: Ex Parte Appl for Motion for reconsideration of Ct order granting motion for sum jgm re invalidity of claim 2 of the '621 patent under 35 USC section 102(b) (lmh) (Entered: 03/15/1999)
1999-03-12
1
Plas' Objections to and Appeal of Magistrate Judge Battaglia's ruling granting dfts' motion to compel production of document no. 1 identified on plas' atty work product privilege log [481-1]; t/w exhibit. (lmh) (Entered: 03/19/1999)
1999-03-17
1
Notice by plaintiffs of Objections to and Appeal of Magistrate Judge Battaglia's ruling granting dfts' motion to compel production of document no. 1 identified on plas' atty work product privilege log (lmh) (Entered: 03/19/1999)
1999-03-17
1
Declaration of Cathryn Campbell by plaintiffs in support of Objections to and Appeal [494-1]; t/w exhibits (lmh) (Entered: 03/19/1999)
1999-03-17
1
Declaration of Lynne M. Brennan by plaintiffs in support of Objection and Appeal [494-1]; t/w exhibits (lmh) (Entered: 03/19/1999)
1999-03-17
1
Proof of service by plaintiffs of: Notice of Motion and Objections to and Appeal of Magistrate Judge Battaglia's ruling granting dfts' mot to compel production of doc no. 1 identified on plas' atty work product privilege log; Objections to and Appeal; Decl of Cathryn Campbel and Lynne M. Brennan in support thereof (lmh) (Entered: 03/19/1999)
1999-03-18
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Opposition from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 03/19/1999)
1999-03-19
1
Opposition by defendant in opposition to ex parte application to file motion for reconsideration [491-1]. [NUNC PRO TUNC 3/18/99] (lmh) (Entered: 03/19/1999)
1999-03-19
1
Order by Judge Thomas J. Whelan denying ex parte application to fle motion for reconsideration of court's order of 2/9/99 [491-1] (cag) Modified on 03/24/1999 (Entered: 03/22/1999)
1999-03-19
1
Response by dfts to plas' Objections to and Appeal of Magistrate Judge Battaglia's ruling granting dfts' mot to compel answers to depo questions re prosecution of patents-in-suit. (lmh) (Entered: 03/25/1999)
1999-03-24
1
Appendix by dfts of Non-Federal authorities in support of response to objections to and appeal of Magistrate Judge Battaglia's ruling [502-1]; t/w attachments. (lmh) (Entered: 03/25/1999)
1999-03-24
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for leave to file supplemental amended complaint, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 6/1/99 at 10:30. (lmh) (Entered: 03/25/1999)
1999-03-24
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for leave to file supplemental amended complaint [504-1] (lmh) (Entered: 03/25/1999)
1999-03-24
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for leave to file supplemental amended complaint [504-1]; t/w exhibit. (lmh) (Entered: 03/25/1999)
1999-03-24
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute to exclude expert testimony or, in the alternative, to issue an order to show cause, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 6/1/99 at 10:30. (lmh) (Entered: 03/29/1999)
1999-03-26
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion to exclude expert testimony [507-1]or, in the alternative, in support of motion to issue an order to show cause [507-2] (lmh) (Entered: 03/29/1999)
1999-03-26
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion to exclude expert testimony [507-1] or, in the alternative, motion to issue an order to show cause [507-2]; t/w exhibits. (lmh) (Entered: 03/29/1999)
1999-03-26
1
Notice of Motion and Motion by dfts Merck KGaA, Scripps Research, David A Cheresh re order of presentation of evidence at trial ; [motion referred to Judge Thomas J. Whelan]; motion hrg set for 6/1/99 at 10:30 (cag) (Entered: 03/31/1999)
1999-03-29
1
Memorandum of points and authorities by dfts in support of motion re order of presentation of evidence at trial [510-1] (cag) (Entered: 03/31/1999)
1999-03-29
1
Appendix of secondary authorities by dfts in support of motion re order of presentation of evidence at trial [510-1] (cag) (Entered: 03/31/1999)
1999-03-29
1
Proof of service by dfts of motion re order of presentation of evidence at trial on 3/29/99 (cag) (Entered: 03/31/1999)
1999-03-29
1
Response by defendants to Plas' Objections to and Appeal of Magistrate Judge Battaglia's ruling granting dfts' mot to compel productin of doc no. 1 identified on plas' atty work product privilege log [494-1]; t/w exhibit (lmh) (Entered: 04/01/1999)
1999-03-31
1
Appendix of Secondary Authority cited by defendants in support of dfts' response to plas' objections to and appeal of Magistrate Judge Battaglia's ruling [514-1]; t/w attachment. (lmh) (Entered: 04/01/1999)
1999-03-31
1
Exhibit 1 Filed by defendants to Memo of P/A in support of Mot of Dfts re order of presentation of evidence at trial [511-1] (lmh) (Entered: 04/01/1999)
1999-03-31
1
Stipulation and Order by Judge Thomas J. Whelan : Plas are hereby given leave to file their [Proposed] supplemental amended complaint, pursuant to FRCP 15(d); hrgo on plas' motion for leave to file suppl amd cmp, scheduled for 6/1/99 is ordered off calendar. (lmh) (Entered: 04/05/1999)
1999-04-02
1
Order by Judge Thomas J. Whelan: Pla's objections to and appeal of Magistrate Judge Battaglia's order dated 2/16/99 [494-1] is hereby denied. (lmh) (Entered: 04/06/1999)
1999-04-05
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Suppl Amd Complaint from plaintiff Intergra Lifescience, plaintiff Burnham Institute, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 04/06/1999)
1999-04-06
1
Supplemental 1st Amd Cmp [229-1] by plaintiff Intergra Lifescience, plaintiff Burnham Institute, demand for jury trial; t/w exhibits. [NUNC PRO TUNC 4/2/99] (lmh) (Entered: 04/06/1999)
1999-04-06
1
Notice by plaintiff Intergra Lifescience, plaintiff Burnham Institute of withdrawal of motion to exclude expert testimony or, in the alternative, to issue an order to show cause (lmh) (Entered: 04/22/1999)
1999-04-21
1
Stipulation and Order by Magistrate Anthony J. Battaglia : the depos of Dr. Woods and Dr. Isner may take place as soon as practicable after the expert witness discovery cutoff. (lmh) (Entered: 04/26/1999)
1999-04-26
1
Ex Parte Application by plaintiffs Intergra Lifescience and Burnham Institute for Order authorizing the filing of docs under seal. (lmh) (Entered: 05/21/1999)
1999-05-19
1
Declaration of David M. Beckwith by plaintiffs Intergra Lifescience and Burnham Institute in support of ex parte application [523-1] (lmh) (Entered: 05/21/1999)
1999-05-19
1
Order by Judge Thomas J. Whelan granting ex parte application by plaintiffs Integra Lifesciences I, LTD and The Burnham Institute [523-1]; the exhibits listed in the ex parte appl to be submitted in support of the Memo of P/A in Opposition to Mot re Order of Presentation of Evidence at Trial shall be filed under seal. (lmh) Modified on 05/25/1999 (Entered: 05/21/1999)
1999-05-19
1
Memo of P/A in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion re order of presentation of evidence at trial [510-1] (lmh) (Entered: 05/21/1999)
1999-05-19
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in opposition to mot re order of presentation of evidence at trial [526-1]; t/w exhibits. (lmh) (Entered: 05/21/1999)
1999-05-19
1
Sealed Document. Exhibits B - D to Declaration of Beckwith. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 05/21/1999)
1999-05-19
1
Reply Memo of P/A by defendants in support of motion re order of presentation of evidence at trial [510-1] (lmh) (Entered: 05/26/1999)
1999-05-24
1
Declaration of Lee M. Gordon by defendants in support of reply memo [529-1] (lmh) (Entered: 05/26/1999)
1999-05-24
1
Ex Parte Application by defendants for order authorizing the filing of docs under seal. (lmh) (Entered: 05/26/1999)
1999-05-25
1
Order by Judge Thomas J. Whelan: Ex Parte Application [531-1] is granted; exhibits submitted in support of the Reply Memo in support of Mot re Order of Presentation of Evidence at trial shall be filed under seal. (lmh) (Entered: 05/26/1999)
1999-05-25
1
Sealed Document. Exhibits A-T re declaration of Gordon. Modified on 11/7/2012 to add doc to entry (leh). (Entered: 05/26/1999)
1999-05-25
1
Order by Judge Thomas J. Whelan: Ct overrules dfts' objections to the Ct's req for additional briefing, plas shall be permitted to file a 15 page sur-reply memo by 6/10/99, dfts may submit a 5 page response to plas' sur-reply by 6/21/99; upon receipt of additional briefing, both mot hrgs on calendar for 6/1/99 shall be taken under submission. (lmh) (Entered: 06/01/1999)
1999-06-01
1
Stipulation and Order by Magistrate Judge Anthony J. Battaglia re meeting of cnsl will occur on 6/21/99. (lmh) (Entered: 06/08/1999)
1999-06-07
1
Sur-Reply memo of p/a in opposition by plaintiff Burnham Institute, plaintiff Intergra Lifescience to dft's mot re order of presentation of evidence at trial (nunc pro tunc to 6/10/99) (dkt clerk) Modified on 06/11/1999 (Entered: 06/11/1999)
1999-06-11
1
Proof of service by plaintiff of: Surreply Memo of P/A in Opposition to dfts' mot re order of presentation of evidence at trial (lmh) (Entered: 06/16/1999)
1999-06-14
1
Order by Magistrate Judge Anthony J. Battaglia ;telephonic Discovery hrg set for 2:00 7/22/99 letter brief to be faxed by pla's cnsl by 7/14/99; response to be faxed by dft's cnsl by 6/19/99 (dkt clerk) (Entered: 06/22/1999)
1999-06-22
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Sur-Surreply from defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 06/23/1999)
1999-06-22
1
Amended Sur-Surreply Memo of P/A by defendants Merck KGaA, Scripps Research, David A Cheresh in support of dfts' mot re order of presentation of evidence at trial. [NUNC PRO TUNC 6/21/99] (lmh) (Entered: 06/23/1999)
1999-06-22
1
Ex Parte Application by defendants for order authorizing the filing of docs under seal (lmh) (Entered: 07/08/1999)
1999-07-07
1
Declaration of Matthew F. Weil by defendants in support of ex parte application for order authorizing the filing of docs under seal [541-1] (lmh) (Entered: 07/08/1999)
1999-07-07
1
Order by Magistrate Judge Anthony J. Battaglia: Telephonic Hrg set for 2:00 7/22/99 re dft's mot to compel further depo testimony from Dr. Pierschbacher, dft's mot to be filed by 7/7/99; pla's opposition filed by 7/16/99, no reply absent req by the Ct. (lmh) (Entered: 07/08/1999)
1999-07-07
1
Order by Magistrate Judge Anthony J. Battaglia granting application to file Memo of P/A and Decl of M. Patricia Thayer in support of dfts' mot to compel answers to depo questions [541-1] under seal. (lmh) (Entered: 07/12/1999)
1999-07-09
1
Notice of Motion and Motion by defendants to compel answers to depo questions, [ motion(s) referred to Magistrate Judge Anthony J. Battaglia ], motion hrg set for 7/22/99 at 2:00. (lmh) (Entered: 07/12/1999)
1999-07-09
1
Sealed Document. Memorandum of P/A in support of motion to compel answers to depo questions. Modified on 11/7/2012 to add doc to entry (leh). (Entered: 07/12/1999)
1999-07-09
1
Sealed Document. Declaration of M. Patricia Thayer in support of motion to compel answers to depo questions. Modified on 11/7/2012 to add doc to entry(leh). (Entered: 07/12/1999)
1999-07-09
1
Order by Judge Thomas J. Whelan: Ct denies plas' objections and appeal of Judge Battaglia's 2/25/99 disocovery order [494-1], plas shall provide the handwritten notes referred to as doc no. 1 w/in 10 days of svc of this order. (lmh) (Entered: 07/12/1999)
1999-07-12
1
Ex Parte Application by defendants re filing of dfts' motion for leave to respond to plas' supplemental amended complaint (lmh) (Entered: 07/14/1999)
1999-07-13
1
Memorandum of P/A by defendants in support of motion for leave to respond to plas' suppl amended complaint [549-1] (lmh) (Entered: 07/14/1999)
1999-07-13
1
Declaration of Matthew F. Weil by defendants in support of motion for leave to respond to plas' suppl amended complaint [549-1]; t/w exhibits. (lmh) (Entered: 07/14/1999)
1999-07-13
1
Order by Judge Thomas J. Whelan granting dft motion for leave to respond to pla supplemental amended complaint; dft shall submit for filing and the clerk shall receive and file the following: (a) the answer of dft Merck KGaA to pleading entitled "Supplemental Amended complaint for patent infringement" and counterclaims and (b) the answer of dft The Scripps Research Institute and Dr. David A. Cheresh to pleading entitled "Supplemental Amended Complaint for Patent Infringement" and counterclaims (dkt clerk) (Entered: 07/20/1999)
1999-07-19
1
Proof of service by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute of: Opposition to dft motion to compel further deposition testimony from Dr. Pierschabacher, Delcaration in support by Lynne M. Brennan (dkt clerk) (Entered: 07/20/1999)
1999-07-19
1
Minutes: Enter Order by Judge Thomas J. Whelan, Pretrial conf held; the court orders the case set for a six week Jury trial to start at 9:00 5/2/00; Court Reporter: N/A (dkt clerk) (Entered: 07/20/1999)
1999-07-19
1
Pre-Trial Order by Judge Thomas J. Whelan (dkt clerk) (Entered: 07/20/1999)
1999-07-20
1
DISCREPANCY ORDER by Magistrate Judge Anthony J. Battaglia accepting document: Opposition to dft motion to compel further deposition testimony from Dr. Pierschabacher from plaintiff Telios Pharmaceutica, plaintiff Burnham Institute, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (dkt clerk) (Entered: 07/20/1999)
1999-07-20
1
Opposition by plaintiff Telios Pharmaceutica, plaintiff Burnham Institute to dft motion to compel further deposition testimony from Dr. Pierschbacher NUNC PRO TUNC 7/16/99 (dkt clerk) Modified on 07/20/1999 (Entered: 07/20/1999)
1999-07-20
1
Answer to pleading entitled " Suppl Amd Complaint for patent infringement" and Counterclaim by defendant Merck KGaA (lmh) (Entered: 08/18/1999)
1999-07-20
1
Answer to pleading entitled "Suppl Amd Complaint for patent infringement" and Counterclaim by defendant Scripps Research, defendant David A Cheresh (lmh) (Entered: 08/18/1999)
1999-07-20
1
Declaration of Lynne M. Brennan in support of opposition to dft motion to compel further deposition testimony from Dr. Pierschabacher [557-1] NUNC PRO TUNC 7/16/99 (dkt clerk) (Entered: 07/21/1999)
1999-07-20
1
Order Setting Conf regarding proposed stipulations of fact by Magistrate Judge Anthony J. Battaglia; conf for the purpose of assisting counsel in their effort to arrive at a stipulation regarding certain facts prior to trial before Judge Battaglia set for 9:00 8/13/99; counsel is ordered to meet and confer in person by 8/4/99 to discuss the proposed stipulations of fact; counsel shall jointly submit directly to Magistrate Judge Battaglia's chambers by 9:00 on 8/9/99 a list of facts which remain in dispute, no argument or discussion shall be included (dkt clerk) (Entered: 07/22/1999)
1999-07-21
1
Motion by plaintiffs to compel production of documents, [ motion(s) referred to Magistrate Judge Anthony J. Battaglia ], motion hrg not set; t/w exhibits. (ok per Ct to file) (lmh) (Entered: 07/26/1999)
1999-07-23
1
Opposition by defendants to motion to compel production of documents [562-1]; t/w exhibits. (ok to file per Ct) (lmh) (Entered: 07/26/1999)
1999-07-23
1
Order by Magistrate Judge Anthony J. Battaglia: Plas' motion to compel production of documents [562-1] is denied; Ct orders that dfts shall provide plas with a declaration by 8/4/99. (lmh) (Entered: 07/26/1999)
1999-07-23
1
Order by Magistrate Judge Anthony J. Battaglia: Dfts' mot to compel further depo testimony from Michael D. Pierschbacher w/regard to questions 1-12 is granted as set forth herein; remaining questions in dfts' mot is denied [545-1]. (lmh) (Entered: 07/28/1999)
1999-07-27
1
Motions in limine No. 1 of 23 by plaintiffs Integra Lifescience, Burnham Institute re no reference to or evidence of the Ct finding a claim invalid, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 2 of 23 by plaintiffs Integra Lifescience, Burnham Institute re anticipation by a fragment of the naturally occurring protein, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibit. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 3 of 23 by plaintiffs Intergra Lifescience, Burnham Institute re invalidity based on indefiniteness and lack of enablement, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 4 of 23 by plaintiffs Integra Lifescience, Burnham Institute re non-enablement or lack of written description re cyclic peptides or peptides w/D-Form amino acids, [motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 5 of 23 by plaintiffs Integra Lifescience, Burnham Institute re indefiniteness based on non-naturally occurring, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibit. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 6 of 23 by plaintiff Intergra Lifescience, plaintiff Burnham Institute re nonenablement for In Vivo uses, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibit. (lmh) (Entered: 08/04/1999)
1999-08-02
1
Motions in limine no. 7 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re exclude all evidence or argument that academic research scientists generally believe that the patent laws do not apply to their work, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 8 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re cell attachment promoting activity, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 9 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re non-enablement, lack of written description, or non-infringement to inhibit angiogenesis, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 10 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute to exclude Armitage testimony in its entirety - no testimony or evidence re legal analysis, legislative history, or applying the facts to the law, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 11 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re no testimony or evidence contrary to Markman Order, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 12 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re no arguments or evidence calculated to appeal to sympathy or prejudice - i.e., "blocking a cure for cancer", [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 13 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re evidence or argument referring to Merck or Scripps' ability to conduct the research in question in Europe w/out restriction, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 14 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re European Clinical trials, and untimely produced or previously withheld documents and testimony, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 15 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re argument that substantially pure peptides satisfy the non-natural claim limitation, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibit. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 16 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute to exclude the portions of Dr. Bynum's expert witness testimony that are based on legal conclusions, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 17 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute to exclude testimony of Mr. Den Uyl in its entirety, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 18 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute to exclude argument and evidence from the jury re dfts' late-raised inequitable conduct defense, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 19 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re exclusion of undisclosed expert testimony and untimely scientific experiments, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibit. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 20 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re invalidity based upon the lack of predictability of RGD Peptides possessing cell attachment activity, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 22 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re exclusion of new legal theories, or exclusion of evidence not timely disclosed, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Motions in limine no. 23 of 23 by plaintiff Integra Lifescience, plaintiff Burnham Institute re non-toxic and reversible, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/20/99 at 10:30; t/w exhibits. (lmh) (Entered: 08/05/1999)
1999-08-02
1
Declaration of Lynne M. Brennan by plaintiff Integra Lifescience, plaintiff Burnham Institute authenticating exhibits submitted in support of plas' motions in limine 10 [574-1], [574-2], [574-3], motions in limine 11 [575-1], motions in limine 16 [579-1], and motions in limine 17 [580-1] (lmh) (Entered: 08/05/1999)
1999-08-02
1
Declaration of David M. Beckwith by plaintiff Integra Lifescience, plaintiff Burnham Institute in support of motions in limine no. 19 and 22 re exclusion of undisclosed expert testimony [584-1], [586-1], [586-2] (lmh) (Entered: 08/05/1999)
1999-08-02
1
Declaration of David M. Beckwith by plaintiff Integra Lifescience, plaintiff Burnham Institute authenticating exhibits submitted in support of plas' motions in limine except mots no. 19 and 22 (lmh) (Entered: 08/05/1999)
1999-08-02
1
Order by Judge Thomas J. Whelan: Ct denies motion re order of presentation of evidence at trial [510-1]; Clerk of Ct is instructed to file this order [NUNC PRO TUNC 7/19/99]. (lmh) (Entered: 08/06/1999)
1999-08-04
1
Ex Parte Application by defendants for order authorizing the filing of docs under seal (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of Matthew F. Weil by defendants in support of ex parte application for order authorizing the filing of docs under seal [592-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Order by Judge Thomas J. Whelan: Docs identified in the Ex Parte Application [592-1] submitted in support of dfts' mots in limine shall be filed under seal. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 1 by defendants (to exclude expert testimony of Gerald Meyer), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 at 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendants in support of motion in limine no. 1 (to exclude expert testimony of Gerald Meyer) [595-1]; t/w exhibits. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of Matthew F. Weil by defendants in support of motion in limine no. 1 (to exclude expert testimony of Gerald Meyer) [595-1]; t/w exhibits. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 2 by defendants (to exclude testimony or argument concerning the meaning of the word "solely" in 35 USC 271(E)(1)), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendants in support of motion in limine no. 2 (to exclude testimony or argument concerning the meaning of the word "solely" in 35 USC 271(E)(1)) [598-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 3 by defendants (to exclude opinion testimony of Kent P. Anderson, Ph.D.), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendants in support of motion in limine no. 3 (to exclude opinion testimony of Kent P. Anderson, Ph.D.) [600-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of Lee M. Gordon by defendants in support of motion in limine no. 3 (to exclude opinion testimony of Kent P. Anderson, Ph.D.) [600-1]; t/w exhibits. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Confidential Exhibits re motion in limine no. 3 (to exclude opinion testimony of Kent P. Anderson, Ph.D.) Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 4 by defendants (to exclude "next best alternative" evidence from Dr. Pierschbacher), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Memo of P/A re motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) Modified on 11/6/2012 to add doc to entry (leh). (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Decl of M. Patricia Thayer re motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) Modified on 11/6/2012 to add doc to entry (leh). (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Declaration of Dr. Simon Goodman re motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Decl of Dr. Arno Hartmann re motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) (Additional attachment(s) added on 11/6/2012: # 1 Part 2, # 2 Part 3) Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/09/1999)
1999-08-05
1
Declaration of Dr. David A. Cheresh by defendants in support of motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) [604-1]; t/w exhibit. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 5 by defendants (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Memo of P/A re motion in limine no. 5 (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents) Modified on 11/6/2012 to add doc to entry (leh). (Entered: 08/09/1999)
1999-08-05
1
Sealed Document. Decl of William C. Rooklidge re motion in limine no. 5 (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents) Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 6 by defendants (to exclude portions of Dr. Dedhar's expert report), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendants in support of motion in limine no. 6 (to exclude portions of Dr. Dedhar's expert report) [613-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of M. Patricia Thayer by defendants in support of motion in limine no. 6 (to exclude portions of Dr. Dedhar's expert report) [613-1]; t/w exhibit. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion in limine no. 7 by defendants (to exclude testimony by Raphael Lupo, esq. at time of trial), [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendants in support of motion in limine no. 7 (to exclude testimony by Raphael Lupo, esq. at time of trial) [616-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of Matthew F. Weil by defendants in support of motion in limine no. 7 (to exclude testimony by Raphael Lupo, esq. at time of trial) [616-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Notice of Motion and Motion by defendants to take Judicial Notice that German patent law includes an exemption for research, [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 9/13/99 10:00. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Memorandum of Points and Authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion to take Judicial Notice that German patent law includes an exemption for research [619-1] (lmh) (Entered: 08/09/1999)
1999-08-05
1
Declaration of Matthew F. Weil by defendants in support of motion to take Judicial Notice that German patent law includes an exemption for research [619-1]; t/w exhibits. (lmh) (Entered: 08/09/1999)
1999-08-05
1
Answer by counter-defendant Integra Lifesciences, counter-defendant Burnham Institute to Merck KGaA's Counterclaim; demand for jury trial (lmh) (Entered: 08/18/1999)
1999-08-12
1
Answer by counter-defendant Integra Lifesciences, counter-defendant Burnham Institute to Scripps Research Institute and Dr. David A. Cheresh's Counterclaim; demand for jury trial (lmh) (Entered: 08/18/1999)
1999-08-12
1
Order by Magistrate Judge Anthony J. Battaglia following Status conf: Status Conf held 9:00 8/13/99 . (lmh) (Entered: 08/18/1999)
1999-08-16
1
Ex Parte Application by plaintiffs for order authorizing the filing of docs under seal. (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants/counter-claimants to plas' motion in limine no. 1 re no reference to or evidence of the Ct finding claim invalid [566-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants/counter-claimants to plas' motion in limine no. 2 (re anticipation by a fragment of the naturally occurring protein) [567-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Declaration of Matthew F. Weil by defendants/ counter-claimants in support of dfts' opposition to plas' motion in limine no. 2 [627-1]; t/w exhibit (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants/counter-claimants to motion in limine no. 3 (re invalidity based on indefiniteness and lack of enablement) [568-1]; t/w exhibit (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants/counter-claimants to plas' motion in limine no. 4 (re non-enablement or lack of written description re cyclic peptides or peptides w/D-Form amino acids); t/w exhibit. (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 5 (re indefiniteness based on non-naturally occurring) [570-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 6 (re nonenablement for In Vivo uses) [571-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 7 (re exclude all evidence or argument that academic research scientists generally believe that the patent laws do not apply to their work) [572-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Declaration of Martha K. Gooding by defendants in support of dfts' opposition to plas' motion in limine no. 7 [633-1]; t/w exhibits (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 8 (re cell attachment promoting activity) [573-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Declaration of M. Patricia Thayer by defendants in support of opposition to plas' motion in limine no. 8 [635-1]; t/w exhibits (lmh) (Entered: 08/24/1999)
1999-08-23
1
Sealed Document. Confidential exhibits re motion in limine no. 8 (re cell attachment promoting activity). Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 9 (re non-enablement [574-1], lack of written description [574-2], or non-infringement to inhibit angiogenesis [574-3] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 10 (re to exclude Armitage testimony in its entirety - no testimony or evidence re legal analysis, legislative history, or applying the facts to the law) [575-1]; t/w exhibit (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 11 (re no testimony or evidence contrary to Markman Order) [576-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 12 (re no arguments or evidence calculated to appeal to sympathy or prejudice - i.e., "blocking a cure for cancer") [577-1] (lmh) (Entered: 08/24/1999)
1999-08-23
1
Declaration of Lee M. Gordon by defendants in support of dfts' opposition to plas' motion in limine no. 12 [641-1]; t/w exhibits. (lmh) (Entered: 08/24/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 13 (re evidence or argument referring to Merck or Scripps' ability to conduct the research in question in Europe w/out restriction) [578-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of Lee M. Gordon by defendants in support of dfts' opposition to plas' motion in limine no. 13 [643-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 14 (re European Clinical trials [579-1] & untimely produced or previously withheld documents and testimony) [579-2] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Sealed Document. Decl of M. Patricia Thayer re dfts' opposition to motion in limine no. 14 . Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/25/1999)
1999-08-23
1
Declaration of Martha K. Gooding by defendants in support of dfts' opposition to plas' motion in limine no. 14 [645-1]; t/w exhibit. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 15 (re argument that substantially pure peptides satisfy the non-natural claim limitation) [580-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 16 (re excluding the portions of Dr. Bynum's expert witness testimony that are based on legal conclusions) [581-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of Martha K. Gooding by defendants in support of dfts' opposition to plas' motion in limine no. 16 [649-1]; t/w exhibit. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 17 (re excluding testimony of Mr. Den Uyl in its entirety) [582-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of Lee M. Gordon by defendants in support of dfts' opposition to plas' motion in limine no. 17 [651-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Sealed Document. Confidential Exhibits re declaration of Lee M. Gordon in support of dfts' opposition to plas' mot in limine no. 17 Modified on 11/6/2012 to add doc to entry (leh). (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 18 (to exclude argument and evidence from the jury re dfts' late-raised inequitable conduct defense) [583-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of M. Patricia Thayer by defendants in opposition to plas' motion in limine no. 18 [654-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 19 (re exclusion of undisclosed expert testimony and untimely scientific experiments) [584-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of M. Patricia Thayer by defendants in opposition to plas' motion in limine no. 19 [656-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Sealed Document. Confidential Exhibits re declaration of M. Patricia Thayer in opposition to plas' mot in limine no. 19. Modified on 11/6/2012 to add doc to entry(leh). (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 20 (re invalidity based upon the lack of predictability of RGD Peptides possessing cell attachment activity) [585-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 22 (re exclusion of new legal theories [586-1] or evidence not timely disclosed) [586-2] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of Dr. David A. Cheresh by defendants in opposition to plas' motion in limine no. 22 [660-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of M. Patricia Thayer by defendants in opposition to plas' mot in limine no. 22 [660-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-23
1
Memo of P/A in Opposition by defendants to plas' motion in limine no. 23 (re non-toxic and reversible) [587-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Unopposed Ex Parte Application by defendants for order authorizing the filing of docs under seal in connection w/dfts' oppositions to various of plas' mots in limine. (Per Ct, order signed by Judge Whelan, ok to file sealed) (lmh) (Entered: 08/25/1999)
1999-08-23
1
Declaration of Matthew F. Weil by defendants in support of unopposed ex parte application for order [664-1] (lmh) (Entered: 08/25/1999)
1999-08-23
1
Order by Judge Thomas J. Whelan: granting unopposed ex parte application [664-1]; docs identified in the unopposed ex parte appl to be submitted in support of dfts' oppositions to various of plas' mots in limine shall be filed under seal. (lmh) (Entered: 08/25/1999)
1999-08-24
1
Sealed Document. Declaration of David M. Beckwith re ex parte application. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 08/25/1999)
1999-08-25
1
Order by Judge Thomas J. Whelan: granting ex parte application [625-1]; exhibits listed in the Ex Parte Appl to be submitted in support of the Memo of P/A in Opposition to Mots in Limine of dfts Merck, Scripps and Cheresh shall be filed under seal. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to motion in limine no. 1 (to exclude expert testimony of Gerald Meyer) [595-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 2 (to exclude testimony or argument concerning the meaning of the word "solely" in 35 USC 271(E)(1)) [598-1]; t/w exhibit. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 3 (to exclude opinion testimony of Kent P. Anderson, Ph.D.) [600-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) [604-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Sealed Document. Exhibits B, C and D in support of motion in limine no. 4 response. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 5 (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents) [610-1]; t/w exhibits. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 6 (to exclude portions of Dr. Dedhar's expert report) [613-1]; t/w exhibit. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Declaration of Shoukat Dedhar, Ph.D. by plaintiffs in opposition to dfts' mot in limine no. 6 [675-1]; t/w exhibit. (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 7 (to exclude testimony by Raphael Lupo, esq. at time of trial) [616-1] (lmh) (Entered: 08/25/1999)
1999-08-25
1
Opposition by plaintiffs to dfts' motion in limine no. 8 to take Judicial Notice that German patent law includes an exemption for research [619-1] (lmh) (Entered: 08/25/1999)
1999-08-25
1
Declaration of David M. Beckwith by plaintiffs in opposition to dfts' mot in limine no. 8 [678-1]; t/w exhibits (lmh) (Entered: 08/25/1999)
1999-08-25
1
Sealed Document. Exhibit A in Support of Plaintiffs' Opposition to Defendants' Motion in Limine No. 8. Modified on 10/25/2012 to add doc to entry(leh). (Entered: 08/25/1999)
1999-08-25
1
Order by Judge Thomas J. Whelan: Jury trial date of 5/3/00 is hereby vacated, parties are instructed to jointly contact Judge Pfaelzer's chambers w/regard to resetting the trial date and setting a date for ruling on the parties' motions in limine; trial of this matter will be held in the US Dist Ct of Southern Dist of CA in San Diego, CA. (labels) (lmh) (Entered: 08/26/1999)
1999-08-25
1
Reply by plaintiffs in support of motion in limine no. 1 re no reference to or evidence of the Ct finding a claim invalid [566-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 2 re anticipation by a fragment of the naturally occurring protein [567-1]; t/w exhibit (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 3 re invalidity based on indefiniteness and lack of enablement [568-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs in support of reply in support of motion in limine no. 3 [684-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 4 re non-enablement or lack of written description re cyclic peptides or peptides w/D-Form amino acids; t/w exhibits. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 5 re indefiniteness based on non-naturally occurring [570-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 6 re nonenablement for In Vivo uses [571-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 7 to exclude all evidence or argument that academic research scientists generally believe that the patent laws do not apply to their work [572-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 8 re cell attachment promoting activity [573-1]; t/w exhibits. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 9 re non-enablement [574-1], lack of written description [574-2], or non-infringement to inhibit angiogenesis [574-3]; t/w exhibit. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 10 to exclude Armitage testimony in its entirety - no testimony or evidence re legal analysis, legislative history, or applying the facts to the law [575-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 11 to exclude testimony or evidence contrary to Markman Order [576-1]; t/w exhibit (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 12 to exclude arguments or evidence calculated to appeal to sympathy or prejudice - i.e., "blocking a cure for cancer" [577-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 13 re evidence or argument referring to Merck or Scripps' ability to conduct the research in question in Europe w/out restriction [578-1] t/w exhibit. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs in support of reply in support of motion in limine no. 13 [695-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 14 re European Clinical trials [579-1] & untimely produced or previously withheld documents and testimony [579-2] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs in support of reply in support of motion in limine no. 14 [697-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 15 re argument that substantially pure peptides satisfy the non-natural claim limitation [580-1]; t/w exhibits. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 16 to exclude the portions of Dr. Bynum's expert witness testimony that are based on legal conclusions [581-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 17 to exclude testimony of Mr. Den Uyl in its entirety [582-1]; t/w exhibit. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 18 to exclude argument and evidence from the jury re dfts' late-raised inequitable conduct defense [583-1]; t/w exhibit (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of Lynne M. Brennan by plaintiffs authenticating exhibits submitted in support of reply to motion in limine nos. 11, 12, 17, and 18 [693-1], [694-1], [701-1], [702-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 19 re exclusion of undisclosed expert testimony and untimely scientific experiments [584-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 20 re invalidity based upon the lack of predictability of RGD Peptides possessing cell attachment activity [585-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 22 re exclusion of evidence not timely disclosed [586-2] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs in support of reply in support of motion in limine no. 22 [706-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of Michael D. Pierschbacher, Ph.D. by plaintiffs in support of reply in support of motion in limine no. 22 [706-1]; t/w exhibits. (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs authenticating exhibits submitted in support of reply to motions in limine nos. 2, 4, 8, 9, 13, 15, and 22 [683-1], 686-1], [690-1], [691-1], [695-1], [699-1], [706-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by plaintiffs in support of motion in limine no. 23 re non-toxic and reversible [587-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Declaration of David M. Beckwith by plaintiffs in support of reply in support of motion in limine no. 23 [710-1] (lmh) (Entered: 09/13/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 1 (to exclude expert testimony of Gerald Meyer) [595-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 2 (to exclude testimony or argument concerning the meaning of the word "solely" in 35 USC 271(E)(1)) [598-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 3 (to exclude opinion testimony of Kent P. Anderson, Ph.D.) [600-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Declaration of William C. Rooklidge by defendants in support of reply in support of motion in limine no. 3 [714-1]; t/w exhibits. (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 4 (to exclude "next best alternative" evidence from Dr. Pierschbacher) [604-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 5 (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents) [610-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Suppl Declaration of William C. Rooklidge by defendants in support of reply in support of motion in limine no. 5 [717-1]; t/w exhibit. (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 6 (to exclude portions of Dr. Dedhar's expert report) [613-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply Declaration of M. Patricia Thayer by defendants in support of reply in support of motion in limine no. 6 [719-1]; t/w exhibits. (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of motion in limine no. 7 (to exclude testimony by Raphael Lupo, esq. at time of trial) [616-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
Suppl Declaration of Matthew F. Weil by defendants in support of reply in support of motion in limine no. 7 [721-1]; t/w exhibit. (lmh) (Entered: 09/14/1999)
1999-09-10
1
Reply by defendants in support of request for Judicial Notice that German patent law includes an exemption for research [619-1] (lmh) (Entered: 09/14/1999)
1999-09-10
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Addendum to Reply in support of plas' mot in limine no. 22 from plaintiff Intergra Lifescience, plaintiff Burnham Institute, non-compliance with local rule 7.1.e or 47.1.b.1 and 15.1, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 09/14/1999)
1999-09-14
1
Addendum by plaintiff to reply in support of plas' motion in limine no. 22 re exclusion of new legal theories or evidence not timely disclosed [706-1]. [NUNC PRO TUNC 9/13/99] (lmh) (Entered: 09/14/1999)
1999-09-14
1
Notice of Motion and Motion by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh for leave to take the trial deposition of Dr. Kenneth Yamada [ motion referred to Judge Anthony J. Battaglia]; motion hrg set for 10/14/99 2:00 (dkt clerk) (Entered: 09/17/1999)
1999-09-16
1
Memorandum of points and authorities by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support of motion for leave to take the trial deposition of Dr. Kenneth Yamada [726-1] (dkt clerk) (Entered: 09/17/1999)
1999-09-16
1
Declaration of M. Patricia Thayer by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh in support for leave to take the trial deposition of Dr. Kenneth Yamada [726-1] (dkt clerk) (Entered: 09/17/1999)
1999-09-16
1
Proof of service by plaintiffs of: Notice of Motion and Motion to exclude the IXSYS IND doc production and for evidentiary sanction of exclusion of said doc; Decl of Lynne M. Brennan and Memo of P/A in support thereof by personal svc on 9/16/99. (lmh) (Entered: 09/20/1999)
1999-09-17
1
Notice of Motion and Motion by plaintiffs Intergra Lifescience, Burnham Institute to exclude the IXSYS IND document production, and for evidentiary sanction of exclusion of said document, [ motion(s) referred to Magistrate Judge Anthony J. Battaglia ], motion hrg set for 10/14/99 11:00. [NUNC PRO TUNC 9/16/99] (lmh) (Entered: 09/22/1999)
1999-09-21
1
Memorandum of points and authorities by plaintiffs in support of motion to exclude the IXSYS IND document production [730-1], in support of motion for evidentiary sanction of exclusion of said document [730-2]. [NUNC PRO TUNC 9/16/99] (lmh) (Entered: 09/22/1999)
1999-09-21
1
Declaration of Lynne M. Brennan by plaintiffs in support of motion to exclude the IXSYS IND document production [730-1], and for evidentiary sanction of exclusion of said document [730-2]; t/w exhibits. [NUNC PRO TUNC 9/16/99] (lmh) (Entered: 09/22/1999)
1999-09-21
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Addendum to reply in support of plas' motion in limine no. 12 from plaintiff Intergra Lifescience, plaintiff Burnham Institute, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 09/27/1999)
1999-09-24
1
Addendum by plaintiffs to Reply in support of plas' motion in limine no. 12 to exclude arguments or evidence calculated to appeal to sympathy or prejudice - i.e., "blocking a cure for cancer". [NUNC PRO TUNC 9/23/99] (lmh) (Entered: 09/27/1999)
1999-09-24
1
Ex Parte Application by defendants for leave to file surreplies (lmh) (Entered: 09/30/1999)
1999-09-28
1
Declaration of Matthew F Weil by defendants in support of ex parte application for leave to file surreplies [735-1] (lmh) (Entered: 09/30/1999)
1999-09-28
1
Unopposed ex parte Application by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, counter-claimant Scripps Research, counter-claimant David A Cheresh, counter-claimant Merck KGaA for order authorizing the filing of documents under seal (dkt clerk) (Entered: 10/01/1999)
1999-09-30
1
Declaration of Matthew F. Weil by defendant Merck KGaA, defendant Scripps Research, defendant David A Cheresh, counter-claimant Scripps Research, counter-claimant David A Cheresh, counter-claimant Merck KGaA in support of unopposed ex parte application for order authorizing the filing of documents under seal [737-1] (dkt clerk) (Entered: 10/01/1999)
1999-09-30
1
Memo of P/A in Opposition by plaintiffs to motion to take the trial deposition of Dr. Kenneth Yamada [726-1] (lmh) (Entered: 10/04/1999)
1999-09-30
1
Declaration of David M Beckwith by plaintiffs in suppor of Memo of P/A in Opposition to motion to take the trial depo of Dr. Kenneth Yamada [739-1] (lmh) (Entered: 10/04/1999)
1999-09-30
1
Response by plaintiffs Intergra Lifescience, Burnham Institute to Ex Parte Application for leave to file surreplies (lmh) (Entered: 10/05/1999)
1999-10-04
1
Order by Magistrate Judge Anthony J. Battaglia granting unopposed ex parte application [737-1]; dfts' Oppositions to plas' Mot to Exclude the IXSYS IND doc production and for Evidentiary Sanction of exclusion of said doc, Decls of Martha K Gooding and M Patricia Thayer in support thereof shall be filed under seal. (lmh) Modified on 10/07/1999 (Entered: 10/05/1999)
1999-10-04
1
Sealed Document. Defendants' Memorandum of P/A in Opposition re motion to exclude the IXSYS IND document production [730-1], re motion for evidentiary sanction of exclusion of said document. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 10/05/1999)
1999-10-04
1
Sealed Document. Declaration of M. Patricia Thayer in Opposition to Plaintiffs' Motion to Exlude Ixsys Ind Document. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 10/05/1999)
1999-10-04
1
Sealed Document. Declaration of Martha K Gooding. Modified on 10/24/2012 to add doc to entry (leh). (Entered: 10/05/1999)
1999-10-04
1
Appendix by defendants/counter-claimants of Non-Federal and Secondary Authorities to dfts' Memo of P/A in Oppos to plas' Mot to Exclude the IXSYS IND doc production and for Evidentiary Sanction of exclusion of said doc [743-1] (lmh) (Entered: 10/05/1999)
1999-10-04
1
Reply by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Merck KGaA, counter-claimant David A Cheresh, counter-claimant Scripps Research to opposition to motion for leave to take the trial deposition of Dr. Kenneth Yamada [726-1] (dkt clerk) (Entered: 10/07/1999)
1999-10-06
1
Reply Declaration of M. Patricia Thayer by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Merck KGaA, counter-claimant David A Cheresh, counter-claimant Scripps Research in support of motion reply [747-1] (dkt clerk) (Entered: 10/07/1999)
1999-10-06
1
Declaration of Dr. Kenneth M. Yamada by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Merck KGaA, counter-claimant David A Cheresh, counter-claimant Scripps Research in support of motion for leave to take the trial deposition of Dr. Kenneth Yamada [726-1] (dkt clerk) (Entered: 10/07/1999)
1999-10-06
1
DISCREPANCY ORDER by Magistrate Judge Anthony J. Battaglia accepting document: Notice of Errata from defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 10/07/1999)
1999-10-06
1
Notice of Errata re Notice of Motion and Motion submitted by defendants for leave to take the trial deposition of Dr. Kenneth Yamada, [ motion(s) referred to Magistrate Judge Anthony J. Battaglia ], motion hrg set for 10/14/99 11:00. [NUNC PRO TUNC 10/5/99] (lmh) (Entered: 10/07/1999)
1999-10-06
1
Reply by defendants in support of ex parte application for leave to file surreplies [735-1]. [NUNC PRO TUNC 10/5/99] (lmh) (Entered: 10/07/1999)
1999-10-06
1
Reply by plaintiffs in support of motion to exclude the IXSYS IND document production [730-1], motion for evidentiary sanction of exclusion of said document [730-2] (lmh) (Entered: 10/07/1999)
1999-10-06
1
Declaration of Mauricio A Flores by plaintiffs in support of reply [753-1] (lmh) (Entered: 10/07/1999)
1999-10-06
1
Declaration of Lynne M Brennan by plaintiffs in support of plas' reply [753-1] (lmh) (Entered: 10/07/1999)
1999-10-06
1
Order by Judge Thomas J. Whelan: granting ex parte application for leave to file surreplies [735-1]; dfts shall be permitted to file Surreplies to plas' mots in limine nos. 1, 3, 4, 5, 8, 14,19, 22, 23 and supporting declarations. (lmh) (Entered: 10/07/1999)
1999-10-07
1
Ex parte Application by plaintiff Integra Lifescience, plaintiff Burnham Institute for leave to file a surreply in opposition to defendants' motion for leave to take the trial deposition of Dr. Kenneth Yamada, or to strike defendants' reply brief and reply declarations (dkt clerk) (Entered: 10/08/1999)
1999-10-08
1
Order by Magistrate Judge Anthony J. Battaglia granting ex parte application for leave to file surreply [757-1] and continuing motion hearing dates: continuing motion for leave to take the trial deposition of Dr. Kenneth Yamada [751-1] at 11:00 10/21/99, continuing motion to exclude the IXSYS IND document production [730-1] at 11:00 10/21/99, continuing motion for evidentiary sanction of exclusion of said document [730-2] at 11:00 10/21/99 (dkt clerk) (Entered: 10/08/1999)
1999-10-08
1
Surreply Memo of P/A by defendants in opposition to plas' Motion in Limine no. 1 (re no reference to or evidence of the Ct finding a claim invalid) [566-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Declaration of Matthew F Weil by defendants in support of Surreply re Mot in Limine no. 1 [759-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 3 (re invalidity based on indefiniteness and lack of enablement) [568-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Declaration of Matthew F Weil by defendants in support of surreply re Mot in Limine no. 3 [761-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 4 (re non-enablement or lack of written description re cyclic peptides or peptides w/D-form amino acids) [569-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 5 (re indefiniteness based on non-naturally occurring) [570-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 8 (re cell attachment promoting activity) [573-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 14 (re european clinical trials and untimely produced) [579-1] or (previously withheld documents and testimony) [579-2] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 19 (re exclusion of undisclosed expert testimony and untimely scientific experiments) [584-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 22 (re exclusion of new legal theories or evidence not timely disclosed) [586-1], [586-2] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply declaration of Dr. David A. Cheresh by defendants in opposition to plas' Mot in Limine no. 22 [768-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply declaration of M Patricia Thayer by defendants in opposition to plas' Mot in LImine no. 22 [768-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Surreply Memo of P/A by defendants in opposition to plas' Mot in Limine no. 23 (re non-toxic and reversible) [587-1] (lmh) (Entered: 10/13/1999)
1999-10-12
1
Order by Judge Thomas J. Whelan: Ct denies, in its entirety, dfts' motion in limine no. 1 (to exclude expert testimony of Gerald Meyer) [595-1] (lmh) (Entered: 10/14/1999)
1999-10-14
1
Order by Judge Thomas J. Whelan: Ct grants plas' motion in limine no. 1 re no reference to or evidence of the Ct finding a claim invalid [566-1] (lmh) (Entered: 10/14/1999)
1999-10-14
1
Ex Parte Application by defendants for order authorizing the filing of docs under seal. (lmh) (Entered: 10/14/1999)
1999-10-14
1
Declaration of William C. Rooklidge by defendants in support of ex parte application [774-1] (lmh) (Entered: 10/14/1999)
1999-10-14
1
Order by Judge Thomas J. Whelan: Ct grants ex parte application [774-1]; the documents identified in the ex parte application shall be filed under seal. (lmh) (Entered: 10/14/1999)
1999-10-14
1
Sealed Document. Surreply Declaration of M. Patricia Thayer. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 10/14/1999)
1999-10-14
1
Sealed Document. Declaration of Matthew F Weil. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 10/14/1999)
1999-10-14
1
Unopposed Ex Parte Application by defendants for leave to file Surreply Decl to rebut inaccuracies in decl submitted w/plas' reply re motion to exclude the IXSYS IND doc production and for evidentiary sanction of exclusion of said doc. (lmh) (Entered: 10/15/1999)
1999-10-14
1
Declaration of Martha K. Gooding by defendants in support of unopposed ex parte application for leave to file surreply decl [779-1] (lmh) (Entered: 10/15/1999)
1999-10-14
1
Order by Magistrate Judge Anthony J. Battaglia: granting unopposed ex parte application [779-1]; dfts shall be permitted leave to file the Surreply Decl of Martha K. Gooding (lmh) (Entered: 10/15/1999)
1999-10-14
1
Surreply by plaintiffs in opposition to dfts' motion for leave to take the depo of Dr. Kenneth Yamada [751-1] (lmh) (Entered: 10/15/1999)
1999-10-14
1
Declaration of David M. Beckwith by plaintiffs in support of Surreply [782-1] (lmh) (Entered: 10/15/1999)
1999-10-14
1
Order by Judge Thomas J. Whelan: Ct grants in part & denies in part plas' motion in limine no. 2 (re anticipation by a fragment of the naturally occurring protein) [567-1] (lmh) (Entered: 10/18/1999)
1999-10-15
1
Order by Judge Thomas J. Whelan: Granting dfts' motion in limine no. 2 (to exclude testimony or argument concerning the meaning of the word "solely" in 35 USC 271(E)(1)) [598-1]. (lmh) (Entered: 10/18/1999)
1999-10-15
1
Order by Judge Thomas J. Whelan: Ct denies, in its entirety, dfts' motion in limine no. 6 (to exclude portions of Dr. Dedhar's expert report) [613-1]. (lmh) (Entered: 10/18/1999)
1999-10-15
1
Order by Judge Thomas J. Whelan: Dfts' motion in limine no. 7 (to exclude testimony by Raphael Lupo, esq. at time of trial) [616-1] is granted. Plas are hereby precluded from calling Mr. Lupo to testify as an expert at trial for any purpose. (lmh) (Entered: 10/18/1999)
1999-10-15
1
Order by Judge Thomas J. Whelan: Amending page 4, line 21, of Ct's order denying dfts' mot in limine no. 1, filed 10/13/99. [772-1] (lmh) (Entered: 10/18/1999)
1999-10-18
1
Order by Judge Thomas J. Whelan: Ct grants plas' motion in limine no. 3 re invalidity based on indefiniteness and lack of enablement [568-1] (lmh) (Entered: 10/19/1999)
1999-10-18
1
Order by Judge Thomas J. Whelan: Ct denies in its entirety dfts' motion in limine no. 5 (to exclude damages evidence: (1) NERA Servey; (2) Johnson & Johnson Agreement; and (3) TP9201 documents) [610-1]. (lmh) (Entered: 10/19/1999)
1999-10-18
1
DISCREPANCY ORDER by Magistrate Judge Anthony J. Battaglia accepting document: Surreply Decl of Martha K Gooding from defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 10/22/1999)
1999-10-21
1
Surreply Declaration of Martha K. Gooding by defendants. [NUNC PRO TUNC 10/18/99] (lmh) (Entered: 10/22/1999)
1999-10-21
1
Order by Judge Thomas J. Whelan: Ct finds that there is no risk of undue prejudice and the proposed testimony is clearly relevant; Ct denies, in its entirety, plas' motion in limine no. 7 re exclude all evidence or argument that academic research scientists generally believe that the patent laws do not apply to their work [572-1] (lmh) (Entered: 10/22/1999)
1999-10-21
1
Minutes Enter Order by Magistrate Judge Anthony J. Battaglia: Upon req by cnsl for plas, hrg on plas' motion to exclude evidence & on dfts' motion for leave to take the trial deposition of Dr. Kenneth Yamada is hereby cont from 10/21/99 to 1:30 10/26/99. (lmh) (Entered: 10/25/1999)
1999-10-21
1
Request by defendants for Clarification of Order denying dfts' Mot in Limine no. 6 (lmh) (Entered: 10/28/1999)
1999-10-26
1
Minutes Enter Order by Magistrate Judge Anthony J. Battaglia: Motion hrg held and placed on the record; dft's motion for leave to take the trial deposition of Dr. Kenneth Yamada [726-1] & pla's motion to exclude the IXSYS IND document production [730-1] and for sanctions of exclusion of said document [730-2] - taken under submission by the Ct; Ct to prepare order. (lmh) (Entered: 10/28/1999)
1999-10-26
1
Opposition by plaintiffs to dfts' Request to reopen discovery, erroneously entitled " Req for clarification of order denying dfts' motion in limine no. 6" [795-1] (lmh) (Entered: 11/01/1999)
1999-10-28
1
Order by Magistrate Judge Anthony J. Battaglia: Dfts' motion for leave to take the trial deposition of Dr. Yamada [726-1] is denied; in addition, plas' motion to exclude the IXSYS IND document production and motion for evidentiary sanction of exclusion of said document [730-1], [730-2] is denied w/out prejudice to any determination by the trial judge on the pending mots in limine. (lmh) (Entered: 11/03/1999)
1999-11-03
1
Order by Judge Thomas J. Whelan: Ct denies plas' motion in limine no. 5 re indefiniteness based on non-naturally occurring [570-1] (lmh) (Entered: 11/04/1999)
1999-11-03
1
Ex Parte Application by plaintiffs for order authorizing the filing of documents under seal re Surreply in Opposition of dfts' Mot in Limine no. 3 (lmh) (Entered: 11/04/1999)
1999-11-03
1
Declaration of Lynne M. Brennan by plaintiffs in support of ex parte application for order authorizing the filing of docs under seal [800-1] (lmh) (Entered: 11/04/1999)
1999-11-03
1
Order by Judge Thomas J. Whelan: Ct grants plas' ex parte application [800-1]; Exhibits in support of plas' Surreply in Opposition of dfts' Mot in Limine no. 3 shall be filed under seal. (lmh) (Entered: 11/04/1999)
1999-11-03
1
Surreply in Opposition by plaintiffs to dfts' Mot in Limine no. 3 (to excluded opinion testimony of Kent P. Anderson, Ph.D.) [600-1] (lmh) (Entered: 11/04/1999)
1999-11-03
1
Sealed Document. Confidential Exhibits in Support of Surreply. Modified on 10/25/2012 to add doc to entry (leh). (Entered: 11/04/1999)
1999-11-03
1
Order by Judge Thomas J. Whelan: Ct denies dfts' request for clarification, in its entirety, of order denying dfts' motion in limine no. 6 [795-1] (lmh) (Entered: 11/05/1999)
1999-11-04
1
Order by Judge Thomas J. Whelan: Ct denies dfts' motion in limine no. 8 (to take Judicial Notice that German patent law includes an exemption for research) [619-1] *** ORDER VACATED PER ORDER DATED 1/6/00 *** (lmh) (Entered: 11/05/1999)
1999-11-04
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: Dfts' Sur-Surreply from defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, document is to be filed nunc pro tunc to the date received (lmh) (Entered: 11/12/1999)
1999-11-10
1
Sur-Surreply by defendants in support of motion in limine no. 3 [600-1]. [NUNC PRO TUNC 11/9/99] (lmh) (Entered: 11/12/1999)
1999-11-10
1
Objections and Memo of P/A in support of objections by defendants to Magistrate Judge Battaglia's order denying dfts' mot for leave to take trial deposition of Dr. Kenneth Yamada [798-1] (lmh) (Entered: 11/19/1999)
1999-11-18
1
Notice by defendants of filing Objections to Magistrate Judge Battaglia's order denying dfts' motion for leave to take trial deposition of Dr. Kenneth Yamada [809-1] (lmh) (Entered: 11/19/1999)
1999-11-18
1
Appendix of secondary authority to dfts' objs and p/a's in support of objs to Magistrate Judge Battaglia's ruling denying dfts' motion for leave to take trial depos of Dr. Kenneth Yamada (cag) (Entered: 11/22/1999)
1999-11-19
1
Table of contents and table of authorities to dfts' objs and p/a's in support of objs to Magistrate Judge Battaglia's ruling denying motion for leave to take trial depos of Dr. Kenneth Yamada (cag) (Entered: 11/22/1999)
1999-11-19
1
Order by Judge Thomas J. Whelan: Plas' motion in limine no. 11 re no testimony or evidence contrary to Markman Order [576-1] is granted in its entirety (lmh) (Entered: 11/23/1999)
1999-11-22
1
Order by Judge Thomas J. Whelan: Plas' motion in limine no 12 re no arguments or evidence calculated to appeal to sympathy or prejudice - i.e., "blocking a cure for cancer" [577-1] is granted. (lmh) (Entered: 11/23/1999)
1999-11-22
1
Order by Judge Thomas J. Whelan: Plas' motion in limine no. 23 re non-toxic and reversible [587-1] is hereby granted. (lmh) (Entered: 11/23/1999)
1999-11-23
1
Order by Judge Thomas J. Whelan: Ct grants plas' motion in limine no. 22 re exclusion of new legal theories [586-1], exclusion of evidence not timely disclosed [586-2] in its entirety. (lmh) (Entered: 11/24/1999)
1999-11-24
1
Notice by defendants of Unavailability of Trial Counsel (lmh) (Entered: 11/26/1999)
1999-11-24
1
Order by Judge Thomas J. Whelan: Ct grants in part/denies in part plas' motion in limine no. 8 re cell attachment promoting activity [573-1] (lmh) (Entered: 11/26/1999)
1999-11-24
1
Transcript of Motion Hearing held 10/26/99 before Magistrate Judge Anthony J. Battaglia; transcription by Echo Reporting, Inc. (lmh)
1999-11-24
1
No Actions
Order by Judge Thomas J. Whelan granting in its entirety the motion in limine #9 re non-enablement, lack of written description or non-infringement to inhibit angiogenesis [574-1] (cag) Modified on 12/02/1999 (Entered: 11/30/1999)
1999-11-30
1
Minutes: Enter Order by Judge Thomas J. Whelan ; Jury trial re-set for 9:00 2/1/00 in courtroom 10, Case reassigned to Judge James M. Fitzgerald ; Judge Whelan to issue orders on all pending mtns in limine; (judge transfer letter prepared)(llh) (Entered: 12/01/1999)
1999-12-01
1
Order by Judge Thomas J. Whelan granting pla's motion in Limine No. 15 re argument that substantially pure peptides satisfy the non-natural claim limitation [580-1] (llh) (Entered: 12/02/1999)
1999-12-01
1
Order by Judge Thomas J. Whelan denying motion to exclude the portions of Dr. Bynum's expert witness testimony that are based on legal conclusions [581-1] (llh) (Entered: 12/02/1999)
1999-12-02
1
Order by Judge Thomas J. Whelan granting pla's mtn in limine no. 20 re invalidity based upon the lack of predictability of RGD Peptides possessing cell attachment activity [585-1] (llh) (Entered: 12/03/1999)
1999-12-03
1
Objection Memo of p/a's by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft's objection to Magistrate Battaglia's ruling denying dft's mtn for leave to take the deposition of Dr. Kenneth Yamada [809-1] (llh) (Entered: 12/07/1999)
1999-12-06
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re objection [824-1] (llh) (Entered: 12/07/1999)
1999-12-06
1
DISCREPANCY ORDER by Judge Thomas J. Whelan accepting document: mtn to amend pretrial order to desginate witness to rebut testimony of Shoukat Dedhar, Ph.D. and memo of p/a's and declartion from counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant KGaA, counter-claimant David A Cheresh, non-compliance local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received; ok to file per ct and per partie's stip (llh) (Entered: 12/07/1999)
1999-12-07
1
Notice of Motion and Motion by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant David A Cheresh to amend the pretrial order to designate witness to rebut testimony of Shoukat Dedhar, PH.D [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 12/30/99 at 10:30; NUNC PRO TUNC 12/3/99 (llh) (Entered: 12/07/1999)
1999-12-07
1
Memorandum of points and authorities by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant David A Cheresh in support of motion to amend the pretrial order to designate witness to rebut testimony of Shoukat Dedhar, PH.D [827-1]; NUNC PRO TUNC 12/3/99 (llh) (Entered: 12/07/1999)
1999-12-07
1
Declaration of Dr. Susan J. Fisher by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant David A Cheresh re motion to amend the pretrial order to designate witness to rebut testimony of Shoukat Dedhar, [827-1]; NUNC PRO TUNC 12/3/99 (llh) (Entered: 12/07/1999)
1999-12-07
1
Notice of Motion and Motion by counter-claimant Merck KGaA, defendant Merck KGaA, defendant Scripps Research, counter-claimant Scripps Research, counter-claimant David A Cheresh, defendant David A Cheresh for partial reconsideration of order granting pla's mtn in limine no. 22 (llh) (Entered: 12/10/1999)
1999-12-09
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant Merck KGaA, defendant Scripps Research, counter-claimant Scripps Research, counter-claimant David A Cheresh, defendant David A Cheresh in support of motion for partial reconsideration of order granting pla's mtn in limine no. 22 [830-1] (llh) (Entered: 12/10/1999)
1999-12-09
1
Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, defendant Merck KGaA, defendant Scripps Research, counter-claimant Scripps Research, counter-claimant David A Cheresh, defendant David A Cheresh re motion for partial reconsideration of order granting pla's mtn in limine no. 22 [830-1] (llh) (Entered: 12/10/1999)
1999-12-09
1
Order by Judge Thomas J. Whelan denying motion for partial reconsideration of order granting pla's mtn in limine no. [830-1] (llh) (Entered: 12/13/1999)
1999-12-09
1
Reply memo of p/a's by counter-claimant David A Cheresh, defendant David Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research, counter-claimant Merck KGaA in support of objs to Magistrate Judge Battaglia's ruling denying dft's mtn for leave to take trial depo of Dr. Yamada re [798-1] (llh) (Entered: 12/14/1999)
1999-12-13
1
Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research re reply [834-1] (llh) (Entered: 12/14/1999)
1999-12-13
1
Notice by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research of withdrawal of ntc of unavailability of trial cnsl (llh) (Entered: 12/14/1999)
1999-12-13
1
Notice by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research of withdrawal of ntc of mtn and mtn to amend the pretrial order to designate witness to rebut testimony of Shoukat Dedhar, Ph.d. (llh) (Entered: 12/14/1999)
1999-12-13
1
Order by Judge Thomas J. Whelan denying dft's objection to and appeal of Magistrate Judge Battaglia's discovery order dated 11/3/99 [809-1] (llh) (Entered: 12/21/1999)
1999-12-21
1
Notice by dfts David A Cheresh, Scripps Research, Merck KGaA of change of address for atty Patricia M. Thayer; New address: Patricia M. Thayer, Heller Ehrman White and McAuliffe, 333 Bush Street, San Francisco, CA 94104-2878; Phone number (415) 772-6000 and fax number (415) 772-6268 (ATTY MAINT) (jah) (Entered: 12/22/1999)
1999-12-21
1
Order by Judge Thomas J. Whelan granting motion to exclude argument and evidence from the jury re dfts' late-raised inequitable conduct defense [583-1] (cag) (Entered: 12/23/1999)
1999-12-23
1
Order by Judge Thomas J. Whelan granting in part/denying in part motion to exclude Armitage testimony in its entirety - no testimony or evidence re legal analysis, legislative history, or applying the facts to the law [575-1]; (llh) (Entered: 01/04/2000)
2000-01-04
1
Order by Judge Thomas J. Whelan granting motion in limine no. 6 re nonenablement for In Vivo uses [571-1] (llh) (Entered: 01/05/2000)
2000-01-05
1
Order by Judge Thomas J. Whelan denying motion in limine no. 17 to exclude testimony of Mr. Den Uyl in its entirety [582-1] (llh) (Entered: 01/05/2000)
2000-01-05
1
Order by Judge Thomas J. Whelan granting in part/denying in part motion in limine no. 14 re European Clinical trials [579-1], granting in part/denying in part motion in limine no. 14 untimely produced or previously withheld documents and testimony [579-2] (llh) (Entered: 01/05/2000)
2000-01-05
1
Order by Judge Thomas J. Whelan vacating [806-1] order, denying w/o prejudice motion re evidence or argument referring to Merck Scripps' ability to conduct the research in question in Europe w/out restriction [578-1], denying w/o prejudice motion re exclusion of undisclosed expert testimony and untimely scientific experiments [584-1], denying w/o prejudice motion to take Judicial Notice that German patent law includes an for research [619-1]; dft to file opening brief by 1/11/00, pla's opp to be filed by 1/18/00, dft's rply to be filed by 1/21/00 and any sur-reply to be filed by 1/24/00 at 9:00 (llh) (Entered: 01/06/2000)
2000-01-06
1
Order by Judge Thomas J. Whelan granting in part/denying in part motion re non-enablement or lack of written description re cyclic peptides or peptides w/D-Form amino acids, [569-1] (llh) (Entered: 01/11/2000)
2000-01-11
1
Notice of Motion and Motion by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [ motions referred to Judge Thomas J. Whelan ] motion set for 2/1/00 at 9:00 (llh) (Entered: 01/12/2000)
2000-01-11
1
Declaration of Matthew F. Weil by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA in support of motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/12/2000)
2000-01-11
1
Sealed Document. Memorandum of P/A's In Support of Defendants' Motion in Limine No. 9. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 01/12/2000)
2000-01-11
1
Sealed Document. Declaration of Lee M. Gordon re dfs mot in limine no. 9. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 01/12/2000)
2000-01-11
1
Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute for reconsideration of order denying in part plaintiffs' mot in limine no. 14 re Ixsys Ind (llh) (Entered: 01/13/2000)
2000-01-13
1
Order by Judge Thomas J. Whelan granting pla application for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [851-1]; pla's opening brief to be filed by 1/18/00 not to exceed 10 pages; dft opposition by 1/21/00 not to exceed 10 pages; pla's reply by 1/25/00 not to exceed 5 pages (llh) (Entered: 01/13/2000)
2000-01-13
1
Order by Judge Thomas J. Whelan denying motion (to exclude "next best alternative" evidence from Dr. Pierschbacher) [604-1], denying motion (to exclude opinion testimony of Kent P. Anderson, Ph.D.) [600-1] (llh) (Entered: 01/13/2000)
2000-01-13
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [ motions referred to Judge Thomas J. Whelan ], no motion hrg set (llh) (Entered: 01/19/2000)
2000-01-18
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [854-1] (llh) (Entered: 01/19/2000)
2000-01-18
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [854-1] (llh) (Entered: 01/19/2000)
2000-01-18
1
pla's memo in support of pla's mot in limine no. 24 and Opposition by plaintiff Intergra Lifescience to motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/19/2000)
2000-01-18
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/19/2000)
2000-01-18
1
Notice of cross-Motion and cross-Motion in limine (no. 24) by plaintiff Intergra Lifescience, plaintiff Burnham Institute to exclude evidence re Germany research option and undisclosed expert testimony [ motions referred to Judge Thomas J. Whelan ] no motion set (llh) (Entered: 01/19/2000)
2000-01-18
1
Amended memorandum in support of pla's mot in limine no. 24 and in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/19/2000)
2000-01-19
1
memo of p/a's in Opposition by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research to motion for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [854-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Declaration of Martha K. Gooding by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research re motion response [861-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Reply by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to opposition to motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1]; and opp to pla's mot in limine no. 24 re motion to exclude evidence re Germany research option and undisclosed expert testimony [859-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Declaration of Dr. Brunhilde Felding-Habermann by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research re motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Declaration of Dr. Juergen Benz by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research re motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Declaration of Alfred Jonczyk by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research re motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/24/2000)
2000-01-21
1
Sealed Document. Supplemental Declaration of Lee M. Gordon re dfs mot in limine no. 9. Modified on 10/24/2012 to add doc to entry (leh). (Entered: 01/24/2000)
2000-01-21
1
Sealed Document. Supplemental Declaration of Matthew F. Weil re dfts mot in limine no. 9. Modified on 10/24/2012 to add doc to entry (leh). (Entered: 01/24/2000)
2000-01-21
1
Reply by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of plas' motion in limine no. 24 [859-1] and surreply in opposition to dfts' motion in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (jah) (Entered: 01/24/2000)
2000-01-24
1
Reply Memorandum of Points and Authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for reconsideration of order denying in part pla's mot in limine no. 14 re Ixsys Ind [854-1] (jah) (Entered: 01/27/2000)
2000-01-25
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion reply [872-1] (jah) (Entered: 01/27/2000)
2000-01-25
1
Designation of Interrogatory Responses, Responses to Request for Admissions and Responses to Document Requests by plaintiff Intergra Lifescience, plaintiff Burnham Institute (jah) (Entered: 01/27/2000)
2000-01-25
1
Proposed Voir Dire submitted by plaintiff Intergra Lifescience, plaintiff Burnham Institute (jah) (Entered: 01/27/2000)
2000-01-25
1
Proposed Jury Instructions submitted by plaintiff Intergra Lifescience, plaintiff Burnham Institute (jah) (Entered: 01/27/2000)
2000-01-25
1
Proposed Verdict Form by plaintiff Intergra Lifescience, plaintiff Burnham Institute (jah) (Entered: 01/27/2000)
2000-01-25
1
Designations of Plaintiffs' Responses to Requests for Admissions by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (jah) (Entered: 01/27/2000)
2000-01-25
1
Submission pursuant to Local Rule 16.1(f)(10)(d) Proposed Voir Dire Questions, Jury Instructions and Form of Verdict by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (jah) (Entered: 01/27/2000)
2000-01-25
1
Designation of Plaintiffs' Responses to Interrogatories by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (jah) (Entered: 01/27/2000)
2000-01-25
1
Deposition Excerpt Designations by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (jah) (Entered: 01/27/2000)
2000-01-25
1
Supplemental Designation by plaintiff Intergra Lifescience, plaintiff Burnham Institute of Interrogatory Responses, Responses to Request for Admissions and Responses to Document Requests (jah) (Entered: 01/26/2000)
2000-01-26
1
Deposition Designations by plaintiff Intergra Lifescience, plaintiff Burnham Institute (submitted pursuant to Local Rule 16.1(f)(10)(a)) (jah) (Entered: 01/26/2000)
2000-01-26
1
DISCREPANCY ORDER by Judge Thomas J. Whelan rejecting document: motions and supporting documents from plaintiff Intergra Lifescience, plaintiff Burnham Institute, non-compliance with local rule 7.1.e or 47.1.b.1 (jah) (Entered: 01/27/2000)
2000-01-27
1
Objections by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to plaintiffs' belated amended [proposed] order re: plaintiffs' motion in limine no. 24 and dfts' motion in limine no. 9 (jah) (Entered: 01/28/2000)
2000-01-27
1
Order by Judge Thomas J. Whelan denying pla's motion to exclude evidence re Germany research option and undisclosed expert testimony [859-1], granting in part/denying in part dft's motion re dfs mot in limine no. 9 (re judicial ntc of the German Research Exemption [847-1] (llh) (Entered: 01/28/2000)
2000-01-27
1
Order by Judge Thomas J. Whelan denying plaintiffs' motion for reconsideration of order denying in part plaintiffs' mot in no. 14 re Ixsys Ind [854-1] (jah) (Entered: 01/28/2000)
2000-01-27
1
DISCREPANCY ORDER by Judge Thomas J. Whelan rejecting document: Memor of P/A Re: disputed issue of law from defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, non-compliance with local rule other: File w/trial Judge (dkt clerk) (Entered: 01/28/2000)
2000-01-28
1
DISCREPANCY ORDER by Judge Thomas J. Whelan rejecting document: notice of errata of proof service by messenger from defendant David Cheresh, defendant Scripps Research, defendant Merck KGaA, non-compliance with local rule, these proofs relate to filings already rejected by the Court. (jah) (Entered: 01/28/2000)
2000-01-28
1
DISCREPANCY ORDER by Judge James M. Fitzgerald accepting document: supplemental memorandum of points and authorities re: disputed issue of law from defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, non-compliance with local rule (local rule not stated) document is to be filed nunc pro tunc to the date received (jah) (Entered: 01/31/2000)
2000-01-31
1
Memorandum of Points and Authorities by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA re disputed issue of law (declaratory relief claims against dfts Scripps Research and Dr. David A. Cheresh) (jah) (Entered: 01/31/2000)
2000-01-31
1
Request (Filed as Memorandum of Law) by dfts/counterclaimants David A Cheresh, Scripps Research, Merck KGaA to supplement pretrial order (jah) (Entered: 01/31/2000)
2000-01-31
1
Declaration of William C. Rooklidge by dfts/counterclaimants David A Cheresh, Scripps Research, Merck KGaA in support of request to supplement pretrial order [891-1] (jah) (Entered: 01/31/2000)
2000-01-31
1
Declaration of M. Patricia Thayer by dfts/counterclaimants David A Cheresh, Scripps Research, Merck KGaA in support of request to supplement pretrial order [891-1] (jah) (Entered: 01/31/2000)
2000-01-31
1
Proof of Service by Overnite Express by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of: request to supplement pretrial order (jah) (Entered: 01/31/2000)
2000-01-31
1
Order Re: Use of Equipment at Trial by Judge James M. Fitzgerald; Dfts may deliver to the courtroom and cause to be setup and tested equipment listed in Exhibit A on 1/31/00 at 9:00am; USMS is authorized to permit Matthew F. Weil and/or Scott Hilton (and person working under their supervision) to enter the courtroom for the sole purpose of setting up and testing the equipment referred to in Exhibit A; CERTIFIED COPY SENT TO USMS (jah) (Entered: 02/01/2000)
2000-01-31
1
Minutes: Enter Order by Judge James M. Fitzgerald, dft's mot to phase the trial - denied (no mot on file) Court Reporter: Linda Nelson (dkt clerk) (Entered: 02/02/2000)
2000-02-01
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to renewed attempt to phase the trial (no mot on file) (dkt clerk) (Entered: 02/02/2000)
2000-02-01
1
Declaration of Mauricio A. Flores by plaintiff Intergra Lifescience, plaintiff Burnham Institute re opposition to dfts' renewed attempt to phase the trial [897-1] (dkt clerk) (Entered: 02/02/2000)
2000-02-01
1
Memorandum of points and authorities in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dfts' mot to amend pretrial order (dkt clerk) Modified on 02/02/2000 (Entered: 02/02/2000)
2000-02-02
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute re opposition to dfts' mot to amend pretrial order [899-1] (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Unopposed Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute to add one page letter to plas' trial exhibit list [ motion(s) referred to Judge James M. Fitzgerald ] (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Declaration of Lynne M. Brennan by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion to add one page letter to plas' trial exhibit list [901-1] (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion to add one page letter to plas' trial exhibit list [901-1] (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Declaration David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion response to mot to amend final pretrial order [899-1] (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of mot excluding dfts' late raised affirmative defense and undisclosed prior art (no mot on file) (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of mot excluding dfts' late raised affirmative defenses and undisclosed prior art (no mot on file) (dkt clerk) (Entered: 02/02/2000)
2000-02-02
1
Memorandum of Points and Authorities in Opposition by defendants David A Cheresh, Scripps Research, Merck KGaA to plaintiffs' belated attempt to preclude dft's from relying on the reverse doctrine of equivalents for finding non-fringement of the 237 Patent. (jah) (Entered: 02/03/2000)
2000-02-02
1
Declaration of Matthew F. Weil by defendants David A Cheresh, Scripps Research, Merck KGaA in opposition to plaintiff's belated attempt to preclude dfts' from relying on the reverse doctrine of equivalents for showing non-fringement of the 237 Patent [907-1] (jah) (Entered: 02/03/2000)
2000-02-02
1
Memorandum of Points and Authorities in Opposition by defendants David A Cheresh, Scripps Research, Merck KGaA to plaintiff's belated attempt to exclude Bennett, Jennings and Pytela Articles. (jah) (Entered: 02/03/2000)
2000-02-02
1
Declaration of Matthew F. Weil by defendants David A Cheresh, Scripps Research, Merck KGaA in opposition to plaintiff's belated attempt to exclude Bennett, Jennings and Pytela articles [909-1] (jah) (Entered: 02/03/2000)
2000-02-02
1
Supplemental Memorandum by defendants David A Cheresh, Scripps Research, Merck KGaA re: request to supplement the pretrial order [891-1] (jah) (Entered: 02/03/2000)
2000-02-02
1
Supplemental Declaration by defendants David A Cheresh, Scripps Research, Merck KGaA in support of dfts' motion (filed as request) to supplement the pretrial order [911-1] (jah) (Entered: 02/03/2000)
2000-02-02
1
Declaration of Arno Hartmann by defendants David A Cheresh, Scripps Research, Merck KGaA in support of dfts' motion (Filed as Request) to supplement the pretrial order [911-1] (jah) (Entered: 02/03/2000)
2000-02-02
1
Declaration of Robert A. Armitage by dfts/counterclaimants David A Cheresh, Scripps Research, Merck KGaA regarding unavailability to testify at trial. (jah) (Entered: 02/03/2000)
2000-02-02
1
Minutes: Enter Order by Judge Thomas J. Whelan granting in part/denying in part request to modify pretrial conference order [891-1]; Dft's request to designate tissue expert - denied; Dft's request to add an exhibit to trial exhibit list, (investigational new drug application) - denied; Dft's request to add exhibit to trial exhibit list - (article of Brower) - denied; Dft's request to add exhibit to trial exhibit list (articles of Brassard, Kang, Wolosker) - denied; Dft's request to add 102(b) defense - denied; Dft's request to read deposition testimony of expert, Armitage - granted; Court Reporter: Linda Nelson (jah) (Entered: 02/04/2000)
2000-02-02
1
Memorandum of Points and Authorities in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to dismiss declaratory relief claims against dfts The Scripps Research Institute and Dr. David Cheresh (No Motion to Dismiss on File) (jah) (Entered: 02/03/2000)
2000-02-03
1
Memorandum of Points and Authorities in Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dfts' motion to reargue Markman issues already decided re: cell detachment. (jah) (Entered: 02/03/2000)
2000-02-03
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion response [916-1] (jah) (Entered: 02/03/2000)
2000-02-03
1
Order by Judge Thomas J. Whelan denying plaintiffs' motion to exclude late raised affirmative defense and undisclosed prior art; Court denies in their entirety, plaintiffs' motion 1) to preclude Dft's from raising the reverse doctrine of equivalents and 2) exclude the Bennett, Jennings and Pytela articles. (order partially vacated on 2/11/00) (jah) Modified on 02/14/2000 (Entered: 02/04/2000)
2000-02-03
1
Objections by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to plaintiffs' untimely attempt to assign an uncommon meaning to the preamble of the claims of the 237 Patent. (jah) (Entered: 02/04/2000)
2000-02-03
1
Declaration of M. Patricia Thayer by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA re objection [920-1] (jah) (Entered: 02/04/2000)
2000-02-03
1
Proof of Service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: p/a's in opposition of dfts' motion to amend pretrial order, declarations of David M. Beckwith and Lynne M. Brennan, p/a's in support of excluding dfts's late raised affirmative defense and unopposed motion to add 1 page ltr to plaintiffs' trial exhibit list. (jah) (Entered: 02/04/2000)
2000-02-03
1
Supplemental Memorandum by dfts/counterclaimants David A Cheresh, Scripps Research, Merck KGaA re: disputed issue of law (declaratory relief claims against dfts Scripps Research Institute and Dr. David A. Cheresh). (jah) (Entered: 02/04/2000)
2000-02-04
1
Proof of Service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: p/a's in opposition to motion to dismiss declaratory relief claims, declaration of David M. Beckwith in support of opposition to dfts' motion to reargue Markman issues, p/a's in opposition to dfts' motion to reargue Markman issues. (jah) (Entered: 02/07/2000)
2000-02-04
1
Minutes: Enter Order by Judge James M. Fitzgerald; Dfts' motion to dismiss Scripps Research Institute and Dr. David A. Cheresh - denied, w/ leave to renew at end of Plaintiff's case in chief; Court Recorder: Linda Nelson (jah) (Entered: 02/07/2000)
2000-02-04
1
Order by Judge James M. Fitzgerald; Dfts' motion re: detaching animal cells is denied (No Motion on file) (jah) (Entered: 02/07/2000)
2000-02-04
1
Jury Trial Began: jury impaneled and sworn, tutorial presented to jury be Professor Chris Glemboski; Jury trial continued to 9:00 2/9/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-08
1
No Actions
Second Amended Proposed Joint and Disputed Preliminary Jury Instructions (2nd set) (Rec'd in Docketing 2/14/00) (jah) (Entered: 02/14/2000)
2000-02-09
1
Objections by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to certain preliminary jury instructions offered by plaintiffs [929-1] (Rec'd in Docketing 2/14/00) (jah) (Entered: 02/14/2000)
2000-02-09
1
Notice of Lodging of Trial Exhibits by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (Rec'd in Docketing 2/14/00) (jah) (Entered: 02/14/2000)
2000-02-09
1
Notice of Lodging of Deposition Transcripts by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (Rec'd in Docketing 2/14/00) (jah) (Entered: 02/14/2000)
2000-02-09
1
Trial Minutes - Day 2: opening stmts to jury; Jury trial continued to 9:00 2/10/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-09
1
No Actions
Text not available.
2000-02-10
1
No Actions
Trial Minutes - Day 3: swore witnesses, filed exhibits; Jury trial continued to 9:00 2/14/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-10
1
No Actions
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for order re violations of ct orders in dft's opening statement [ motions referred to Judge Thomas J. Whelan ] motion set for 2/11/00 at 9:00 (llh) (Entered: 02/11/2000)
2000-02-11
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for order re violations of ct orders in dft's opening statement [927-1] (llh) (Entered: 02/11/2000)
2000-02-11
1
Notice of Motion and Motion by defendants David A Cheresh, Scripps Research, Merck KGaA re: sanctions for frivolous accusations of in limine order violations, [motion(s) referred to Judge Thomas J. Whelan; Motion hearing set for 2/11/00 at 11:00am; OK per Court 2/11/00 (Rec'd in Docketing 2/14/00) (jah) (Entered: 02/14/2000)
2000-02-11
1
Memorandum of points and authorities by David A Cheresh, Scripps Research, Merck KGaA in support of motion re: sanctions for frivolous accusations of in limine order violations [933-1] (jah) (Entered: 02/14/2000)
2000-02-11
1
Declaration of William C. Rooklidge by defendants David A Cheresh, Scripps Research, Merck KGaA in support of motion re: sanctions for frivolous accusations of in limine order violations [933-1] (jah) (Entered: 02/14/2000)
2000-02-11
1
Declaration of Matthew F. Weil by defendants David A Cheresh, Scripps Research, Merck KGaA in support of motion re: sanctions for frivolous accusations of in limine order violations [933-1] (jah) (Entered: 02/14/2000)
2000-02-11
1
Submission in Opposition by defendants David A Cheresh, Scripps Research, Merck KGaA to plaintiffs' allegations re: violations of in limine motions. (jah) (Entered: 02/14/2000)
2000-02-11
1
Proof of Service by Hand by defendants David A Cheresh, Scripps Research, Merck KGaA of: dfts' motions re: sanctions, memorandum in support, dfts' submission in opposition, declarations of Matthew F. Weil and William C. Rooklidge (jah) (Entered: 02/14/2000)
2000-02-11
1
Order re dfts' violations of prior ct orders during presentation of opening stmts to jury by Judge Thomas J. Whelan; ct partially vacates 2/2/00 decision and grants motion to add one page letter to plas' trial exhibit list [901-1]; denying motion re: sanctions for frivolous accusations of in limine order violations [933-1]; final determination re sanctions or other remedial measures is reserved to sound discretion of trial judge (cag) (Entered: 02/14/2000)
2000-02-11
1
Order re defendants' one-page submission by Judge Thomas J. Whelan; issue one, denied amended order to follow; issue two, cross-examination is permissable on any "doors" agreed by plaintiff; issue three, IXSYS IND is admissable, NCI and IND is not (bar) (Entered: 02/16/2000)
2000-02-11
1
Proposed Remedial Instructions submitted by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA (jah) (Entered: 02/14/2000)
2000-02-14
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of ntc of motion for ct order and memo of p/a on M. Patricia Thayer Esq. & Matthew Well Esq. by personal svc (dkt clerk) (Entered: 02/15/2000)
2000-02-14
1
Trial Minutes - Day 4: swore witnesses, filed exhibits; Jury trial continued to 9:00 2/15/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-14
1
No Actions
Order by Judge James M. Fitzgerald allowing plaintiffs to bring a camera in the courtroom for the following dates: 2/14/2000 through 2/17/2000. (dkt clerk) (Entered: 02/16/2000)
2000-02-15
1
Trial Minutes - Day 5: Jury trial continued to 9:00 2/16/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-15
1
No Actions
Order signed by Judge Thomas J. Whelan for Judge James M. Fitzgerald vacating the ct's order dated 11/23/99 granting plas' motion in limine #23 [815-1]. Plas' motion in limine #23 re non-toxic and reversible is denied [587-1]. (dkt clerk) Modified on 02/17/2000 (Entered: 02/17/2000)
2000-02-16
1
Notice of lodgment by dfts/counter-claimant Merck KGaA, David A Cheresh, Scripps Research of decl of Rebecca O. Goss re unavailability of Robert A. Armitage to testify at trial; t/w attachments (dkt clerk) (Entered: 02/17/2000)
2000-02-16
1
Trial Minutes - Day 6: swore witnesses, filed exhibits; Jury trial continued to 9:00 2/17/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-16
1
No Actions
Supplemental Remedial Instruction re: Reverse Doctrine of Equivalents by defendants and counterclaimants David A Cheresh, Scripps Research, Merck KGaA. (jah) (Entered: 02/18/2000)
2000-02-17
1
Memorandum of Points and Authorities in Opposition by defendants and counterclaimants David A Cheresh, Scripps Research, Merck KGaA to plaintiff's renewed motion to exclude expert testimony (No Motion filed, response to request) (jah) (Entered: 02/18/2000)
2000-02-17
1
Declaration of Matthew F. Weil by defendants and counterclaimants David A Cheresh, Scripps Research, Merck KGaA re motion response [947-1] (jah) (Entered: 02/18/2000)
2000-02-17
1
Declaration of David Bechwithre in support of motion [1175-1](original not in file, per CRD file for record) (dkt clerk) (Entered: 12/21/2001)
2000-02-17
1
Seventh Day of Jury Trial Minutes; Exhibits marked/received; Jury trial continued to 9:00 on 2/22/00 ; Court Reporter: Linda Nelson (jah)
2000-02-17
1
No Actions
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of ntc of motion re undisclosed expert testimony, memo of p/a, and decl of David M. Beckwith on 2/17/00 by personal svc to M. Patricia Thayer Esq & Matthew Weil Esq. (dkt clerk) (Entered: 02/22/2000)
2000-02-18
1
Supplemental remedial instruction re reverse doctrine of equivalents by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of filing (dkt clerk) (Entered: 02/24/2000)
2000-02-22
1
Trial Minutes - Day 8: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 2/23/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-22
1
No Actions
Trial Minutes - Day 9: swore witnesses, witnesses testify via video deposition, exhibits marked/rec'd; jury trial continued to 9:00 2/24/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-23
1
No Actions
Order by Judge Thomas J. Whelan re: use of NCI-IND at trial.(dkt clerk) Modified on 02/28/2000 (Entered: 02/24/2000)
2000-02-24
1
Submission re plas' introduction of evidence re excluded NCI Inc by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of filing (dkt clerk) (Entered: 02/29/2000)
2000-02-24
1
Trial Minutes - Day 10: swore witnesses; exhibits marked/rec'd; Jury trial continued to 9:00 2/25/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-24
1
No Actions
Trial Minutes - Day 11: swore witnesses; jury retires for deliberations; Jury trial continued to 9:00 2/28/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-25
1
No Actions
Trial Minutes - Day 12: swore witnesses; exhibits marked/rec'd; German interpreters Meike Steckhan and Adrienne Clark-Ott sworn; Jury trial continued to 9:00 2/29/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-28
1
No Actions
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute re quashing trial subpoena of Cathryn Campbell; t/w exhibits (dkt clerk) (Entered: 03/01/2000)
2000-02-29
1
Opposition by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to plas' motion to quash subpoena served on Cathryn Campbell (dkt clerk) (Entered: 03/01/2000)
2000-02-29
1
Declaration of M. Patricia Thayer by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA in opposition to plas' motion to quash subpoena served on Cathryn Campbell; t/w exhibits (dkt clerk) (Entered: 03/01/2000)
2000-02-29
1
Trial Minutes - Day 13: swore witnesses, exhibits marked/rec'd; plas' oral motion re quashing of subpoena of Cathryn Campbell submitted. Jury trial continued to 9:00 3/1/00 Court Reporter: Linda Nelson (dkt clerk)
2000-02-29
1
No Actions
Notice of Motion and Renewed Motion by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [ motion(s) referred to Judge James M. Fitzgerald ] (bar) (Entered: 03/03/2000)
2000-03-01
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant David A Cheresh, counter-claimant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research in support of motion to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [957-1] (bar) (Entered: 03/03/2000)
2000-03-01
1
Offer of proof by Dr. Herrmann in support of defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, plaintiff Burnham Institute re motion to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [957-1] (bar) (Entered: 03/03/2000)
2000-03-01
1
Notice of Motion and Motion by counter-claimant Merck KGaA, defendant David A Cheresh, counter-claimant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research for judgment as a matter of law at the closeof plaintiffs' case in chief [ motion(s) referred to Judge James M. Fitzgerald ] (bar) (Entered: 03/03/2000)
2000-03-01
1
Motion for judgment as a matter oflaw at the close of plaintiffs' case in chief by counter-claimant Merck KGaA, counter-claimant David A Cheresh, defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA, counter-claimant Scripps Research of filing (bar) Modified on 03/03/2000 (Entered: 03/03/2000)
2000-03-01
1
Trial Minutes; day 14, swore witnesses; exhibits(marked and received);defendant motion to dismiss claims against the Scripps Institute; Dr. Cheresh and motion for judgment as a matter of law the clsoe of plaintiff's case in chief- submitted; jury trial continued to 3/2/00 at 9:00; Court Reporter: Linda Nelson (bar) Modified on 03/03/2000
2000-03-01
1
No Actions
Order by Judge James M. Fitzgerald re motion to quash trial subpoena on Dr. Cathryn Campbell; ct precludes appearance of Dr. Campbell until dfts identify in greater detail specific questions they with to ask Dr. Campbell, show that questions are relevant, that potential answers are not otherwise available and that testimony would not be duplicative (cag) (Entered: 03/03/2000)
2000-03-02
1
Amended Proof of service by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of: see attached list to David Beckwith, Esq. on 3/1/00 by personal svc (dkt clerk) (Entered: 03/07/2000)
2000-03-02
1
Trial Minutes - Day 15: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 3/3/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-02
1
No Actions
Supplemental Response by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA re motion to quash supboena to Dr. Campbell (dkt clerk) (Entered: 03/07/2000)
2000-03-03
1
Trial Minutes - Day 16: swore witnesses, exhiits marked/rec'd; filed dfts' suppl response re motion to quash supoena to Dr. Campbell. Jury trial continued to 9:00 3/6/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-03
1
No Actions
Response by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion to quash subpoena to Dr. Cathryn Campbell; t/w exhibit (rec'd 3/8/00) (dkt clerk) (Entered: 03/08/2000)
2000-03-06
1
Trial Minutes - Day 17: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 3/9/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-06
1
No Actions
Brief Filed by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA in opposition to plas' motion to exclude trial exhibits (not on file) (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Declaration of M. Patricia Thayer by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA re brief in opposition to plas' motion to exclude trial exhibits [965-1]; t/w exhibits (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Proof of service by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of: dfts' opposition to plas' motion to exclude trial exhibits and decl of M. Patricia Thayer on 3/7/00 by personal svc to Mauricio A. Flores, Esq. (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Memorandum of p/a by plaintiff Intergra Lifescience, plaintiff Burnham Institute re inadmissibility of certain patent file histories; t/w exhibits (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re memorandum [968-1] (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [957-1] (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for judgment as a matter of law at the closeof plaintiffs' case in chief [960-1]; t/w exhibit (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: (see attached list) to M. Patricia Thayer, Esq. on 3/7/00 by personal svc (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Order by Judge James M. Fitzgerald denying plas' motion to quash the subpoena of Dr. Campbell (not on file) (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Order by Judge Thomas J. Whelan. The ct overrules plas' objections to dfts' proposed use of evidence at trial. (dkt clerk) (Entered: 03/08/2000)
2000-03-07
1
Trial Minutes - Day 18: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 3/8/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-07
1
No Actions
Opposition by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to plas' effort to exclude the testimony of L.L. Houston; t/w exhibits (dkt clerk) (Entered: 03/09/2000)
2000-03-08
1
Notice of lodgment by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of proposed testimony of Robert Armitage and related argument; t/w exhibits (dkt clerk) (Entered: 03/09/2000)
2000-03-08
1
Trial Minutes - Day 19: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 3/9/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-08
1
No Actions
Objections by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to plas' rebuttal testimony (dkt clerk) (Entered: 03/09/2000)
2000-03-09
1
Trial Minutes - Day 20: swore witnesses, exhibits marked/rec'd; Jury trial continued to 9:00 3/10/00 . dfts' objections to plas' rebuttal discovery [977-1] denied. Court Reporter: Linda Nelson (dkt clerk)
2000-03-09
1
No Actions
Trial Minutes - Day 21: swore witnesses, exhibits marked/rec'd. Court Reporter: Linda Nelson (dkt clerk)
2000-03-10
1
No Actions
Notice of Motion and Motion by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA for judgment as a matter of law at the close of evidence ; [ motion(s) referred to Judge James M. Fitzgerald] (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Opposition by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to motion for judgment as a matter of law at the close of plaintiffs' case in chief [960-1] (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Reply by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to opposition to motion for judgment as a matter of law at the closeof plaintiffs' case in chief [960-1] (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Reply by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA to opposition to renewed motion to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [957-1] (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Proof of service by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of dfts' motion for jgm, opposition to plas' motion for jgm, dfts' reply in support of motion for jgm, and dfts' reply to renewed motion to dismiss Scripps and Dr. Cheresh on 3/13/00 by personal svc to Mauricio A. Flores, Esq. (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for judgment as a matter of law re doctrine of reverse equivalents ; [ motion(s) referred to Judge James M. Fitzgerald ]; t/w exhibits (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: pla's memo of p/a's in opposition to dfts' motion for jgm as a matter of law upon Patricia Thayer, Esq. on 3/13/00 by personal svc (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: pla's motion for jgm as a matter of law re doctrine of reverse equivalents and memo of p/a's in support of motion upon Patricia Thayer, Esq. on 3/13/00 by personal svc (dkt clerk) (Entered: 03/13/2000)
2000-03-13
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for judgment as a matter of law re doctrine of reverse equivalents [983-1]; t/w exhibit (dkt clerk) (Entered: 03/14/2000)
2000-03-13
1
Notice of lodgment by defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA of trial transcript pages and exhibits in support of motion for judgment as a matter of law at the close of evidence [978-1] (dkt clerk) (Entered: 03/14/2000)
2000-03-13
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for judgment as a matter of law at the close of evidence [978-1]; t/w exhibits (dkt clerk) (Entered: 03/15/2000)
2000-03-13
1
Motion hearing: pla/dft motion for jgm as a matter of law as to doctrine of reverse equivalents; granting plas' motion for judgment as a matter of law re doctrine of reverse equivalents [983-1], denying dfts' motion for jgm as a matter of law re doctrine of reverse equivalents; granting motion to dismiss claims against defendants The Scripps Research Institute and Dr. David A. Cheresh [957-1] granting in part/denying in part reserved in part motion for judgment as a matter of law at the close of evidence [978-1], granting in part/denying in part reserved in part motion for judgment as a matter of law at the close of plaintiffs' case in chief [960-1] Court Reporter: Linda Nelson (dkt clerk) Modified on 03/20/2000
2000-03-13
1
No Actions
Motion hearing: portions of dft's motion for jgm as a matter of law (submitted 3/13/00) - denied. Ct orders portion of witness Kent P. Anderson's testimony of 2/24/00 filed under seal. Court Reporter: Linda Nelson (dkt clerk)
2000-03-14
1
No Actions
Proposed Jury instructions rejected by the ct by plaintiff Intergra Lifescience, plaintiff Burnham Institute (dkt clerk) (Entered: 03/20/2000)
2000-03-15
1
Objections by defendant Merck KGaA to jury [989-1]; t/w exhibits (dkt clerk) (Entered: 03/20/2000)
2000-03-15
1
Trial Minutes - Day 22: closing and instructions; Jury trial continued to 9:30 3/16/00 Court Reporter: Linda Nelson (dkt clerk) Modified on 03/20/2000
2000-03-15
1
No Actions
Proposed jury instructions submitted by defendant Merck KGaA; t/w exhibits (dkt clerk) (Entered: 03/20/2000)
2000-03-16
1
Exceptions and objections by defendant Merck KGaA to jury charge and verdict form; t/w exhibit (dkt clerk) (Entered: 03/20/2000)
2000-03-16
1
Jury instructions submitted (rec'd 3/21/00) (dkt clerk) Modified on 03/21/2000 (Entered: 03/21/2000)
2000-03-16
1
Trial Minutes - Day 23: jury sequestered for lunch; ct instructs jury; jury retires for deliberations at 11:40 am; Jury deliberations continued to 9:00 3/17/00 Court Reporter: Linda Nelson (dkt clerk)
2000-03-16
1
No Actions
Minutes: Enter Order by Judge James M. Fitzgerald: jury sequestered for lunch. Jury returns from deliberations at 1:50 pm; verdict in favor of pla and agaisnt dfts. Damages awarded in amount of $15 million. Affirmed by polling; jgm to be prepared by ct. Any pending pretrial motions are deemed to be moot; trial ended ; t/w witness and exhibit list. Court Reporter: Linda Nelson (dkt clerk) (Entered: 03/21/2000)
2000-03-17
1
Jury verdict for plaintiff Intergra Lifescience, plaintiff Burnham Institute against defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA in the amount of $15 million (dkt clerk) (Entered: 03/21/2000)
2000-03-17
1
Minutes: Enter Order by Judge James M. Fitzgerald: the ct orders a stay of the entry of jgm, following a jury verdict, in this case until further order of the ct. Court Reporter: n/a (dkt clerk) (Entered: 03/21/2000)
2000-03-20
1
Transcript of jury trial vol. I held in San Diego, CA on 2/8/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk) Modified on 03/21/2000
2000-03-21
1
No Actions
Transcript of jury trial vol. II held in San Diego, CA on 2/9/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk) Modified on 03/21/2000
2000-03-21
1
No Actions
Transcript of jury trial vol. III held in San Diego, CA on 2/10/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk) Modified on 03/21/2000
2000-03-21
1
No Actions
Transcript of jury trial vol. IV held in San Diego, CA on 2/14/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk) Modified on 03/21/2000
2000-03-21
1
No Actions
Transcript of jury trial vol. V held in San Diego, CA on 2/15/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk) Modified on 03/21/2000
2000-03-21
1
No Actions
Transcript of jury trial vol. VI held in San Diego, CA on 2/16/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. VI held in San Diego, CA on 2/17/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motions/hrg vol. VIII held in San Diego, CA on 2/18/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. IX held in San Diego, CA on 2/22/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. X held in San Diego, CA on 2/23/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XI held in San Diego, CA on 2/24/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XII held in San Diego, CA on 2/25/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XIII held in San Diego, CA on 2/28/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XIV held in San Diego, CA on 2/29/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XV held in San Diego, CA on 3/1/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XVI held in San Diego, CA on 3/2/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XVII held in San Diego, CA on 3/3/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XVIII held in San Diego, CA on 3/6/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XX held in San Diego, CA on 3/8/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XXI held in San Diego, CA on 3/9/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XXII held in San Diego, CA on 3/10/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XIII held in San Diego, CA on 3/13/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motions hrg held in San Diego, CA on 3/14/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XXV held in San Diego, CA on 3/15/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XXVI held in San Diego, CA on 3/16/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motio hrg held in San Diego, CA on 2/2/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motion hrg held in San Diego, CA on 2/2/00 before the Honorable Thomas J. Whelan (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motion hrg held in San Diego, CA on 2/3/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of motion hrg held in San Diego, CA on 2/4/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Transcript of jury trial vol. XIX held in San Diego, CA on 3/7/00 before the Honorable James M. Fitzgerald (Linda Nelson) (dkt clerk)
2000-03-21
1
No Actions
Objections by plaintiff Intergra Lifescience, plaintiff Burnham Institute to proposed order granting dft's motion for jgm as a matter of law concerning the common law research exemption (dkt clerk) (Entered: 03/29/2000)
2000-03-29
1
Notice of Motion and Motion by counter-claimant Merck KGaA, defendant Merck KGaA for judgment of claim invalidity due to indefiniteness ; [motion(s) referred to Judge James M. Fitzgerald]; motion hrg set for 5/9/00 at 10:00 (rec'd 4/3/00) (dkt clerk) (Entered: 04/03/2000)
2000-03-30
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for judgment of claim invalidity due to indefiniteness [998-1]; (rec'd 4/3/00) (dkt clerk) (Entered: 04/03/2000)
2000-03-30
1
Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, defendant Merck KGaA re motion for judgment of claim invalidity due to indefiniteness [998-1]; t/w exhibits (rec'd 4/3/00) (dkt clerk) (Entered: 04/03/2000)
2000-03-30
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, plaintiff Burnham Institute for an order enhancing the award of damages in this action, for an award of prejgm interest, for a decl that this case is exceptional, for an injunction against Merck KGaA ; [motion(s) referred to Judge James M. Fitzgerald], motion hrg set 5/9/00 at 10:00 (rec'd 4/3/00) (dkt clerk) Modified on 04/03/2000 (Entered: 04/03/2000)
2000-03-30
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of motion for an order enhancing the award of damages in this action [1001-1], in support of motion for an award of prejgm interest in the amount of $2,820,000 [1001-2], in support of motion for a decl that this case is exceptional and thus entitling plas to recover their attys fees [1001-3], in support of motion for an injunction prohibiting Merck from selling EMD 66203, EMD 85189, and EMD 121974 until the expiration of the '237 Patent [1001-4]; t/w exhibits (rec'd 4/3/00) (dkt clerk) (Entered: 04/03/2000)
2000-03-30
1
Declaration of Kent P. Anderson by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion for an award of prejgm interest [1001-2]; t/w exhibit (rec'd 4/3/00) (dkt clerk) (Entered: 04/03/2000)
2000-03-30
1
Transcript of jury trial verdict held in San Diego, CA on 3/17/00 before the Honorable James M. Fitzgerald (Linda S. Nelson) (dkt clerk)
2000-03-30
1
No Actions
Minutes: Enter Order by Judge James M. Fitzgerald rescheduling motion hearings; setting motion for an order enhancing the award of damages in this action [1001-1] at 10:00 5/31/00, setting motion for an award of prejgm interest [1001-2] at 10:00 5/31/00, setting motion for a decl that this case is exceptional [1001-3] at 10:00 5/31/00, setting motion for an injunction against Merck KGaA [1001-4] at 10:00 5/31/00, setting motion for judgment of claim invalidity due to indefiniteness [998-1] at 10:00 5/31/00 (bar) (Entered: 04/14/2000)
2000-04-13
1
Notice by defendant Merck KGaA of change of address for Howard, Rice, Nemerovski, Canady, Falk & Rabkin to: 2020 Main Street, Suite 1000, Irvine, CA 92614 (949)721-6900 (atty maint) (gca) (Entered: 04/18/2000)
2000-04-14
1
CORRECTED Minutes: Enter Order by Judge James M. Fitzgerald: good cause appearing and on the ct's own motion the date of 5/9/00 is vacated and the following matters are rescheduled for hrg on 5/30/00 at 10:00 before the Honorable James M. Fitzgerald: motion for an order enhancing the award of damages in this action [1001-1], motion for an award of prejgm interest [1001-2], motion for a decl that this case is exceptional [1001-3], motion for an injunction against Merck KGaA [1001-4], motion for judgment of claim invalidity due to indefiniteness [998-1] Court Reporter: n/a (Nunc Pro Tunc 4/13/00) (dkt clerk) (Entered: 04/19/2000)
2000-04-17
1
Notice by plaintiff Intergra Lifescience, plaintiff Burnham Institute of change of counsel. Lynne M. Brennan is no longer cnsl of record for plas. New cnsl is: CAMPBELL & FLORES LLP, MAURICIO A. FLORES, DAVID M. BECKWITH, 4370 La Jolla Village Drive, Suite 700, San Diego, CA 92122 (dkt clerk) (Entered: 04/20/2000)
2000-04-17
1
Opposition by defendant Merck KGaA to motion for an order enhancing the award of damages in this action [1001-1], motion for an award of prejgm interest [1001-2], motion for a decl that this case is exceptional [1001-3], motion for an injunction against Merck KGaA [1001-4] (dkt clerk) (Entered: 04/20/2000)
2000-04-19
1
Declaration of R. Bruce Den Uyl by defendant Merck KGaA re motion response [1008-1] (dkt clerk) (Entered: 04/20/2000)
2000-04-19
1
Declaration of Matthew F. Weil by defendant Merck KGaA re motion response [1008-1]; t/w exhibits (dkt clerk) (Entered: 04/20/2000)
2000-04-19
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant Merck KGaA re advisory nature of jury verdict on enablement and obviousness (dkt clerk) (Entered: 04/25/2000)
2000-04-24
1
Declaration of Matthew F. Weil by counter-claimant Merck KGaA, defendant Merck KGaA re [1011-1]; t/w exhibits (dkt clerk) (Entered: 04/25/2000)
2000-04-24
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion for judgment of claim invalidity due to indefiniteness [998-1]; t/w exhibits (dkt clerk) (Entered: 04/25/2000)
2000-04-25
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of memo of p/a in opposition to dft's motion for jgm, proposed findings of fact and conclusions of law on 4/19/00 by mail and fax (dkt clerk) (Entered: 04/25/2000)
2000-04-25
1
Reply by defendant Merck KGaA to opposition to motion for judgment of claim invalidity due to indefiniteness [998-1] (dkt clerk) (Entered: 05/08/2000)
2000-05-05
1
Declaration of M. Patricia Thayer by defendant Merck KGaA re motion reply [1015-1]; t/w exhibits (dkt clerk) (Entered: 05/08/2000)
2000-05-05
1
Reply by plaintiff Intergra Lifescience, plaintiff Burnham Institute to opposition to motion for an order enhancing the award of damages in this action [1001-1], motion for an award of prejgm interest [1001-2], motion for a decl that this case is exceptional [1001-3], motion for an injunction against Merck KGaA [1001-4]; t/w exhibits (dkt clerk) (Entered: 05/08/2000)
2000-05-05
1
Declaration of Kent P. Anderson by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion reply [1017-1] (dkt clerk) (Entered: 05/08/2000)
2000-05-05
1
Memorandum by plaintiff Intergra Lifescience, plaintiff Burnham Institute in opposition to jury verdict [995-1] on enablement and obviousness; t/w exhibits (dkt clerk) (Entered: 05/10/2000)
2000-05-08
1
Reply memorandum by defendant Merck KGaA re advisory nature of jury verdict on enablement and obviousness [1019-1] (dkt clerk) (Entered: 05/16/2000)
2000-05-15
1
Supplemental decl of Matthew F. Weil by defendant Merck KGaA re advisory nature of jury verdict on enablement and obviousness (dkt clerk) (Entered: 05/16/2000)
2000-05-15
1
Minutes: Enter Order by Judge James M. Fitzgerald: motions #998 and #1001 are submitted. Ct to prepare order. Dft's suppl briefing (if any) are due by Friday, June 2, 00. Plas' reply (if any) are due by Friday, June 9,00 (rec'd 6/6/00) Court Reporter: Elisa Singleton (dkt clerk) (Entered: 06/06/2000)
2000-05-30
1
Supplemental brief by counter-claimant Merck KGaA, defendant Merck KGaA indefiniteness and enablement; t/w exhibits (rec'd 6/6/00) (dkt clerk) (Entered: 06/06/2000)
2000-06-02
1
Response by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft's suppl brief re indefiniteness and enablement; t/w exhibits (dkt clerk) (Entered: 06/12/2000)
2000-06-09
1
Transcript of proceedings before Judge James M. Fitzgerald on 5/30/00 (llh)
2000-06-14
1
No Actions
Stipulation regarding video deposition excerpts presented at trial in lieu of live witness testimony and Order by Judge James M. Fitzgerald (dkt clerk) (Entered: 06/16/2000)
2000-06-16
1
Declaration of Stanley C. Sandstrom by plaintiff Intergra Lifescience, plaintiff Burnham Institute (Nunc Pro Tunc 6/16/00) (dkt clerk) (Entered: 06/22/2000)
2000-06-21
1
Notice of lodgment by plaintiff Intergra Lifescience, plaintiff Burnham Institute of deposition excerpts presented at trial in lieu of live witness testimony; t/w exhibits (Nunc Pro Tunc 6/16/00) (dkt clerk) (Entered: 06/22/2000)
2000-06-21
1
Order by Judge James M. Fitzgerald denying dft's motion for judgment of claim invalidity due to indefiniteness [998-1] (dkt clerk) (Entered: 07/17/2000)
2000-07-14
1
Order by Judge James M. Fitzgerald: the ct finds that factual issues re enablement and obviousness were presented to the jury and the jury was properly instructed on the issues. Accordingly, the ct finds that the jury's verdict on enablement and obviousness was binding. (dkt clerk) (Entered: 07/17/2000)
2000-07-17
1
Order by Judge James M. Fitzgerald denying plas' motion for an order enhancing the award of damages in this action [1001-1], granting plas' motion for an award of prejgm interest [1001-2] in the amount of $1.125 million, denying pla's motion for a decl that this case is exceptional [1001-3] and thus entitling plas to recover their attys fees, denying plas' motion for an injunction against Merck KGaA [1001-4] (dkt clerk) (Entered: 07/24/2000)
2000-07-21
1
Notice of lodgment of letter brief by counter-claimant Merck KGaA ; (dkt clerk) (Entered: 09/26/2000)
2000-09-25
1
Notice of lodgment of letter brief by plaintiff Intergra Lifescience, plaintiff Burnham Institute ; (dkt clerk) (Entered: 09/26/2000)
2000-09-25
1
Judgment: by Judge James M. Fitzgerald ; judgment in favor of plaintiffs and against defendant Merck KGaA; plaintiffs are entitled to recover against Merck KGaA $15,000,000 in damages to compensate plaintiffs for Merck's infringement and inducing infringement; plaintiffs are entitled to recover against Merck KGaA prejudment interest in the amount of $1,125,000 and post judgment interest from the date of entry of this judgment until paid; terminating party Merck KGaA and terminating the case (bar) Modified on 10/02/2000 (Entered: 09/29/2000)
2000-09-29
1
Minutes: Enter Order by Judge James M. Fitzgerald status conference held; final judgment signed by court and filed; Court Reporter: R. Heywood (bar) (Entered: 09/29/2000)
2000-09-29
1
Notification by counsel for defendant Merck KGaA of change of law firm association (dkt clerk) (Entered: 10/02/2000)
2000-09-29
1
Amended Judgment: by Judge James M. Fitzgerald; judgment is amended to correct a typographical error in paragraph 6. (corrected "...post judgment interest from the date of entry of this judgment until paid.") (llh) (Entered: 10/12/2000)
2000-10-11
1
Notice of Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute to Court Clerk to Tax Costs (llh) (Entered: 10/13/2000)
2000-10-12
1
Bill of costs submitted by plaintiff Intergra Lifescience, plaintiff Burnham Institute in the amount of $ 288,457.96, with bill of costs hearing set for 2:00 10/30/00. (llh) (Entered: 10/13/2000)
2000-10-12
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of application to court clerk to tax costs [1037-1] (llh) (Entered: 10/13/2000)
2000-10-12
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re application to court clerk to tax costs [1037-1] (llh) (Entered: 10/13/2000)
2000-10-12
1
Notice of Motion and Motion by counter-claimant Merck KGaA to amend the judgment under FRCP 59(e) [ motion referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/16/2000)
2000-10-13
1
Memorandum of points and authorities by counter-claimant Merck KGaA in support of motion to amend the judgment under FRCP 59(e) [1041-1] (llh) (Entered: 10/16/2000)
2000-10-13
1
Memorandum by counter-claimant Merck KGaA in support of bill of costs re motion to amend the judgment under FRCP 59(e) [1041-1] (llh) (Entered: 10/16/2000)
2000-10-13
1
Bill of costs submitted by counter-claimant Merck KGaA in the amount of $ 107,669.89, (llh) (Entered: 10/16/2000)
2000-10-13
1
Notice of lodgment by counter-claimant Merck KGaA of undertaking for appeal and stay of execution re motion to amend the judgment under FRCP 59(e) [1041-1] (llh) (Entered: 10/16/2000)
2000-10-13
1
Declaration of Matthew F. Weil by counter-claimant Merck KGaA in support of bill of costs re motion to amend the judgment under FRCP 59(e) [1041-1] (llh) (Entered: 10/16/2000)
2000-10-13
1
Notice of Motion and Motion (No.1 of 6) by defendant and counter-claimant Merck KGaA for judgment as a matter of law on the FDA exemption 35:271(e)(1) [ motion(s) referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by dft and counter-claimant Merck KGaA in support of motion for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Declaration of Matthew F. Weil by dft and counter-claimant Merck KGaA re motion for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Notice of Motion and Motion (2 of 6) by dft and counter-claimant Merck KGaA for new trial re section 271(e)(1) defense [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by dft and counter-claimant Merck KGaA in support of motion for new trial re section 271(e)(1) defense [1050-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Declaration of M. Patricia Thayer by dft and counter-claimant Merck KGaA re motion for new trial re section 271(e)(1) defense [1050-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Notice of Motion and Motion (3 of 6) by dft and counter-claimant Merck KGaA for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by dft and counter-claimant Merck KGaA in support of motion for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Notice of Motion and Motion (4 of 6) by dft and counter-claimant Merck KGaA for new trial re patent invalidity and non-infringement [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by counter-claimant Merck KGaA in support of motion for new trial re patent invalidity and non-infringement [1055-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Declaration of M. Patricia Thayer by dft and counter-claimant Merck KGaA re motion for new trial re patent invalidity and non-infringement [1055-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Notice of Motion and Motion (5 of 6) by dft and counter-claimant Merck KGaA for judgment as a matter of law re damages [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Unopposed Ex Parte Application by counter-claimant Merck KGaA to file decl of Matthew F. Weil in support of motion of judgment as a matter of law under seal; decl in support. (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by dft and counter-claimant Merck KGaA in support of motion for judgment as a matter of law re damages [1058-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Sealed Document. Declaration of Matthew F. Weil re motion for judgment as a matter of law re damages. Modified on 10/24/2012 to add doc to entry(leh). (Entered: 10/17/2000)
2000-10-16
1
Notice of Motion and Motion (6 of 6) by dft and counter-claimant Merck KGaA for new trial re damages [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 11/13/00 at 10:30 (llh) (Entered: 10/17/2000)
2000-10-16
1
Memorandum of points and authorities by dft and counter-claimant Merck KGaA in support of motion for new trial re damages [1062-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Declaration of Matthew F. Weil by dft and counter-claimant Merck KGaA re motion for new trial re damages [1062-1] (llh) (Entered: 10/17/2000)
2000-10-16
1
Amended Bill of costs submitted by defendant David A Cheresh, defendant Scripps Research in the amount of $ 153,417.13 (llh) (Entered: 10/24/2000)
2000-10-23
1
Attachment to bill of costs by defendant David A Cheresh, defendant Scripps Research (llh) (Entered: 10/24/2000)
2000-10-23
1
Notice by defendant David A Cheresh, defendant Scripps Research of filing amended Bill of Costa and of application to court clerk to tax costs. (llh) (Entered: 10/24/2000)
2000-10-23
1
Declaration of Matthew F. Weil by defendant David A Cheresh, defendant Scripps Research re bill of costs [1065-1] (llh) (Entered: 10/25/2000)
2000-10-24
1
Memorandum by defendant David A Cheresh, defendant Scripps Research in support of amended bill of costs [1065-1] (llh) (Entered: 10/25/2000)
2000-10-24
1
DISCREPANCY ORDER by Judge James M. Fitzgerald accepting document: Errata from counter-claimant Merck KGaA, defendant Merck KGaA, non-compliance with local rule other: Erratas are not filed in Federal Ct, document is to be filed nunc pro tunc to the date received (dkt clerk) (Entered: 10/25/2000)
2000-10-25
1
Errata by counter-claimant Merck KGaA, defendant Merck KGaA re declaration [1057-1] (nunc pro tunc to 10/24/00) (dkt clerk) Modified on 10/25/2000 (Entered: 10/25/2000)
2000-10-25
1
Errata by counter-claimant Merck KGaA, defendant Merck KGaA re declaration [1057-1] (nunc pro tunc to 10/24/00) (dkt clerk) (Entered: 10/25/2000)
2000-10-25
1
Errata by counter-claimant Merck KGaA, defendant Merck KGaA to "Proof of Service by Overnite express re Six Post-Judgment motions". (nunc pro tunc to 10/24/00) (dkt clerk) (Entered: 10/25/2000)
2000-10-25
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft's motion to amend the judgment under FRCP 59(e) [1041-1] (llh) (Entered: 10/31/2000)
2000-10-30
1
Objections by defendant Merck KGaA to pla's bill of costs [1065-1] (llh) (Entered: 10/31/2000)
2000-10-30
1
DISCREPANCY ORDER by Judge James M. Fitzgerald accepting document: reply in support of motion by Merck KGaA to amd the jgm under FRCivP 59(e) from counter-claimant Merck KGaA, defendant Merck KGaA, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (llh) (Entered: 11/08/2000)
2000-11-07
1
Reply by counter-claimant Merck KGaA, defendant Merck KGaA to opposition to motion to amend the judgment under FRCP 59(e) [1041-1]; NUNC PRO TUNC TO 11/6/00. (llh) (Entered: 11/08/2000)
2000-11-07
1
Amended Stipulation and Order by Judge James M. Fitzgerald to stay execution of jgm pursuant to FRCP 62(b) and to modify schedule for briefing post-judgment motions; ct stays execution of any and all proceedings to enforce the jgm in this matter until all of the pending mots for new trial or to alter or amd the jgm pursuant to Rule 59, jgm as a matter of law pursuant to Rule 50, and the pending mot to alter or amd the jgm pursuant to Rule 59 and Merck's period to appeal from the final jgm in this case has run; ct revised briefing schedule on six pending post-jgm mots of Merck; opp ddl reset to 11/20/00 as to all six pending mots, reply ddl reset to 12/8/00 as to all six pending motions; motion for new trial re damages [1062-1], motion for judgment as a matter of law re damages [1058-1], re motion for new trial re patent invalidity and non-infringement [1055-1] re motion for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1], re motion for new trial re section 271(e)(1) defense [1050-1], re motion for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1], re motion to amend the judgment under FRCP 59(e) [1041-1]; ct will schedule a hrg is necessary. (llh) (Entered: 11/16/2000)
2000-11-15
1
Notice of Motion and Motion by counter-claimant Merck KGaA, defendant Merck KGaA to modify the ct's order preventing contact with the jury [ motions referred to Judge James M. Fitzgerald ] motion hrg set for 12/18/00 at 10:30 (llh) (Entered: 11/17/2000)
2000-11-16
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion to modify the ct's order preventing contact with the jury [1079-1] (llh) (Entered: 11/17/2000)
2000-11-16
1
Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, defendant Merck KGaA re motion to modify the ct's order preventing contact with the jury [1079-1] (llh) (Entered: 11/17/2000)
2000-11-16
1
Declaration of Arno Hartmann by counter-claimant Merck KGaA, defendant Merck KGaA re motion to modify the ct's order preventing contact with the jury [1079-1] (llh) (Entered: 11/17/2000)
2000-11-16
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (1 of 6) for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (1 of 6) for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (2 of 6) for new trial re section 271(e)(1) defense [1050-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (2 of 6) for new trial re section 271(e)(1) defense [1050-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (3 of 6)for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (3 of 6) for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (4 of 6) for new trial re patent invalidity and non-infringement [1055-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (4 of 6)` for new trial re patent invalidity and non-infringement [1055-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (5 of 6 ) for judgment as a matter of law re damages [1058-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (5 of 6) for judgment as a matter of law re damages [1058-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion (6 of 6) for new trial re damages [1062-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re motion (6 of 6) for new trial re damages [1062-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Ex parte Application by plaintiff Intergra Lifescience, plaintiff Burnham Institute for order authorizing filing exhibits under seal. (llh) (Entered: 11/21/2000)
2000-11-20
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of ex parte application for order authorizing filing exhibits under seal [1095-1] (llh) (Entered: 11/21/2000)
2000-11-20
1
Order Settling costs Costs taxed in favor of plaintiff Intergra Lifescience, plaintiff Burnham Institute in the amount of $ 254,542.01 against defendant Merck KGaA (llh) (Entered: 11/21/2000)
2000-11-21
1
Proof of service by plaintiff Intergra Lifescience, plaintiff Burnham Institute of: oppositions and decls to post-jgm motions 1-6. (llh) (Entered: 11/21/2000)
2000-11-21
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to motion to modify the ct's order preventing contact with the jury [1079-1] (tkl) (Entered: 12/05/2000)
2000-12-04
1
Notice of Motion and Motion by counter-claimant Merck KGaA, defendant Merck KGaA to retax costs [ motion referred to Judge James M. Fitzgerald ]; motion hrg set for 1/8/01 10:00 (tkl) (Entered: 12/05/2000)
2000-12-04
1
Memorandum of points and authorities by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion to retax costs [1100-1] (tkl) (Entered: 12/05/2000)
2000-12-04
1
Declaration of Matthew F. Weil by counter-defendant Burnham Institute, defendant Merck KGaA re motion to retax costs [1100-1] (tkl) (Entered: 12/05/2000)
2000-12-04
1
Reply memorandum by counter-claimant Merck KGaA, defendant Merck KGaA, in support of motion for new trial re section 271(e)(1) defense [1050-1] (post-jgm motion 2 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply memorandum by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1](post-jgm motion 3 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply memorandum by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for new trial re patent invalidity and non-infringement [1055-1]; Post-jgm motion 4 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Supplemental Declaration of Matthew F. Weil by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (post-jgm motion no.1 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply Brief Filed by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for judgment as a matter of law on the FDA exemption 35:271(e)(1) [1047-1] (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply Brief Filed by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for judgment as a matter of law re damages [1058-1] (post-jgm motion 5 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply Brief Filed by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion for new trial re damages [1062-1] (post-jgm motion no 6 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, defendant Merck KGaA re motion for new trial re section 271(e)(1) defense [1050-1]; (post-jgm motion no 2 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Supplemental Declaration of Matthew F. Weil by counter-claimant Merck KGaA, defendant Merck KGaA re motion for judgment as a matter of law re damages [1058-1]; (post-jgm motion 5 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Proof of service by counter-claimant Merck KGaA, defendant Merck KGaA by mail re replies in support of post jgm motions for new trial (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply Declaration of M. Patricia Thayer by counter-claimant Merck KGaA, defendant Merck KGaA re motion for new trial re patent invalidity and non-infringement [1055-1]; (post-jgm motion 4 of 6) (tkl) (Entered: 12/11/2000)
2000-12-08
1
Reply by counter-claimant Merck KGaA to opposition to motion to modify the ct's order preventing contact with the jury [1079-1] (bar) (Entered: 12/12/2000)
2000-12-11
1
Declaration of Paulette E. Taylor in support of counter-claimant Merck KGaA re motion reply [1114-1] (bar) (Entered: 12/12/2000)
2000-12-11
1
Minutes: Enter Order; 11/13/00 cost hearing ordered continued ot 12/13/00 pending the ruling of Judge Fitzgerald; no ruling has been filed; at the request of defendant, hearing continued ot 1/18/01 at 2:00pm (labels prepared) (bar) (Entered: 12/13/2000)
2000-12-13
1
Order by Judge James M. Fitzgerald granting ex parte application for order authorizing filing of exhibits under seal regarding plas' oppositions to post judgment motions. (mam) Modified on 12/14/2000 (Entered: 12/14/2000)
2000-12-13
1
Order by Judge James M. Fitzgerald re motion to modify the ct's order preventing contact with the jury [1079-1] (bar) Modified on 12/14/2000 (Entered: 12/14/2000)
2000-12-13
1
Order by Judge James M. Fitzgerald granting application [1095-1] for filing exhibits under seal re post judgment motions 5 and 6 (bar) (Entered: 12/14/2000)
2000-12-14
1
Order by Judge James M. Fitzgerald re motion to modify the ct's order preventing contact with the jury [1079-1] (bar) (Entered: 12/14/2000)
2000-12-14
1
Minutes: Enter Order by Judge James M. Fitzgerald: on Ct's own motion the Ct sets a hrg for 1/23/01 9:00 in Anchorage, Alaska for hrg Oral Arguments on all pending motions; Court Reporter: n/a (tkl) (Entered: 12/19/2000)
2000-12-17
1
Notice by plaintiff Intergra Lifescience of motion regarding undisclosed expert testimony (original not found per CRD file for the record) (dkt clerk) (Entered: 12/21/2001)
2000-12-17
1
Memorandum of points and authorities by plaintiff Intergra Lifescience in support of motion [1175-1](original not in file, per CRD file for record) (dkt clerk) (Entered: 12/21/2001)
2000-12-17
1
Stipulation and Order to reschedule 1/23/01 hrg by Judge James M. Fitzgerald: hrg on 1/23/01 9:00 be rescheduled to 1/22/01 1:00 re: motion to retax costs [1100-1] and motion to amend the judgment under FRCP 59(e) [1041-1] (tkl) (Entered: 01/02/2001)
2000-12-29
1
Opposition by plaintiffs to motion to retax costs [1100-1] (cag) (Entered: 01/16/2001)
2001-01-12
1
Notice of lodgment by plaintiffs re opposition to motion [1123-1] (cag) (Entered: 01/16/2001)
2001-01-12
1
Declaration of Atty David M. Beckwith re motion response [1123-1] (cag) (Entered: 01/16/2001)
2001-01-12
1
Minutes: Enter Order by Judge James M. Fitzgerald: Based on the req of dfts Dr. David Cheresh and The Scripps Research Institute, the bill of cost hrg that was set for 1/18/01 is continued to 2:00 2/8/01 (tkl) (Entered: 01/17/2001)
2001-01-16
1
DISCREPANCY ORDER by Judge James M. Fitzgerald accepting document: Supplemental Declaration of Matthew F. Weil from counter-claimant Merck KGaA, non-compliance with local rule 7.1.e or 47.1.b.1, document is to be filed nunc pro tunc to the date received (tkl) (Entered: 01/23/2001)
2001-01-22
1
Supplemental Declaration of Matthew F. Weil by counter-claimant Merck KGaA, counter-claimant Merck KGaA in support of dft Merck KGaA's motion to retax costs; NUNC PRO TUNC 1/19/01 (tkl) Modified on 01/23/2001 (Entered: 01/23/2001)
2001-01-22
1
Reply by counter-claimant Merck KGaA, defendant Merck KGaA in support of motion to retax cost [1100-1]; NUNC PRO TUNC 1/19/01 (tkl) Modified on 01/23/2001 (Entered: 01/23/2001)
2001-01-22
1
Minute order: Bill of costs hrg set for 2/8/01 2:00 is continued to 3/8/01 2:00 at the req of dfts The Scripps Research Institute and Dr. David Cheresh (tkl) (Entered: 02/07/2001)
2001-02-05
1
DISCREPANCY ORDER by Judge James M. Fitzgerald accepting document: ntc of suppl authority re motion from counter-claimant Merck KGaA, defendant Merck KGaA, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (tkl) (Entered: 02/22/2001)
2001-02-21
1
Notice by counter-claimant Merck KGaA, defendant Merck KGaA of supplemental authority re motion; NUNC PRO TUNC 2/20/01 (tkl) (Entered: 02/22/2001)
2001-02-21
1
Order by Judge James M. Fitzgerald denying Merck's motion for judgment as a matter of law [1047-1] (tkl) (Entered: 03/07/2001)
2001-03-06
1
Minutes: Enter Order: bill of cost hrg set for 3/8/01 2:00 continued to 4/12/01 2:00 at req of dft (tkl) (Entered: 03/07/2001)
2001-03-06
1
Bill of costs hrg continued for 2:00 4/12/01 (tkl) (Entered: 03/07/2001)
2001-03-06
1
Order by Judge James M. Fitzgerald: Merck's mot for new trial on the 271(e) defense [1050-1] is denied (tkl) (Entered: 03/22/2001)
2001-03-21
1
Second amended jgm and Order by Judge James M. Fitzgerald: plas to recover from Merck $15,000,000 in damages and pla's to recover against Merck KGaA prejgm interest through 4/30/01 of $1,125,000 w/ further prejgm interest accruing from 4/30/00; terminating dfts David Cheresh and Scripps Research Institute. (tkl) (Entered: 03/28/2001)
2001-03-27
1
Order by Judge James M. Fitzgerald: Merck's motion to retax costs [1100-1] is denied; jury verdicr rejected all of Merck's affirmative defenses and awarded plas $15 million in damages (tkl) (Entered: 03/29/2001)
2001-03-29
1
Order by Judge James M. Fitzgerald denying Merck's motion to amend the judgment [1041-1] (tkl) (Entered: 04/02/2001)
2001-03-29
1
Notice by defendant David A Cheresh, defendant Scripps Research of filing of second amended bill of costs and the application to court clerk to tax costs (bar) (Entered: 04/10/2001)
2001-04-05
1
Second Amended Bill of costs submitted by defendant David A Cheresh, defendant Scripps Research in the amount of $ 67,151.45 with bill of costs hearing set for 2:00 4/24/01 (bar) Modified on 04/10/2001 (Entered: 04/10/2001)
2001-04-05
1
Memorandum of points and authorities by defendant David A Cheresh, defendant Scripps Research in support of second amended bill of costs [1140-1] (bar) (Entered: 04/10/2001)
2001-04-05
1
Supplemental declaration of William C. Rooklidge in support of defendant David A Cheresh, defendant Scripps Research re bill of costs [1140-1] (bar) (Entered: 04/10/2001)
2001-04-05
1
Minutes: By Clerk; Bill of cost hearing set for 4/12/01 at 2:00 p.m. is cont to 4/24/01 at 2:00 p.m. at the req of the dfts. (dkt clerk) (Entered: 04/12/2001)
2001-04-05
1
Letter to court re 2nd amd Bill of Costs from defendant David A Cheresh, defendant Scripps Research (tkl) (Entered: 04/12/2001)
2001-04-10
1
Transcript of proceedings before Hon. James M. Fitzgerald on 1/22/01, Anchorage, Alaska (tkl)
2001-04-11
1
No Actions
Objections by plaintiff Intergra Lifescience, plaintiff Burnham Institute to 2nd amd bill of costs of Scripps Research Institute and Dr. David Cheresh [1140-1] (tkl) (Entered: 04/26/2001)
2001-04-24
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute re objection [1145-1] (tkl) (Entered: 04/26/2001)
2001-04-24
1
Letter to court from defendant Scripps Research re Bill of Costs; OK per Bobbi (tkl) Modified on 05/01/2001 (Entered: 05/01/2001)
2001-04-30
1
Order settling costs by Clerk Costs taxed for defendant David A Cheresh, defendant Scripps Research, defendant Merck KGaA in the amount of $ 31,782.33 against plaintiff Intergra Lifescience (tkl) (Entered: 05/11/2001)
2001-05-11
1
Notice of Motion and Motion by plaintiff Intergra Lifescience, counter-defendant Burnham Institute to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [motion referred to Judge James M. Fitzgerald] motion hrg set for 6/28/01 telephonically at 10:00 (jrl) (Entered: 05/17/2001)
2001-05-16
1
Memorandum of points and authorities by plaintiff Intergra Lifescience, counter-defendant Burnham Institute in support of motion to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [1149-1] (jrl) (Entered: 05/17/2001)
2001-05-16
1
Declaration by David M. Beckwith for plaintiff Intergra Lifescience, counter-defendant Burnham Institute re motion to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [1149-1] (jrl) (Entered: 05/17/2001)
2001-05-16
1
Notice of Cross-Motion and Cross-Motion by dfts David A Cheresh, Scripps Research to retax costs [motion referred to Judge James M. Fitzgerald]; telephonic motion hrg set for 6/28/01 at 10:00 (cag) (Entered: 05/25/2001)
2001-05-24
1
Memorandum of points and authorities by dfts David A Cheresh, Scripps Research in support of cross-motion to retax costs [1152-1] (cag) (Entered: 05/25/2001)
2001-05-24
1
Declaration of William C. Rooklidge re cross-motion to retax costs [1152-1] (cag) (Entered: 05/25/2001)
2001-05-24
1
Opposition by plaintiffs to motion to retax costs [1152-1] (cag) (Entered: 06/15/2001)
2001-06-14
1
Declaration of David M. Beckwith re motion response [1155-1] (cag) (Entered: 06/15/2001)
2001-06-14
1
Opposition by dfts David A Cheresh, Scripps Research to motion to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [1149-1] (cag) (Entered: 06/15/2001)
2001-06-14
1
Declaration of William C. Rooklidge re motion response [1157-1] (cag) (Entered: 06/15/2001)
2001-06-14
1
Reply by plaintiffs Integra and Burnham Institute to opposition to motion to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [1149-1] (cag) (Entered: 06/21/2001)
2001-06-21
1
Reply by dfts David A Cheresh, Scripps Research to opposition to motion to retax costs [1152-1] (cag) (Entered: 06/22/2001)
2001-06-21
1
Minutes: Enter Order by Judge James M. Fitzgerald; Telephonic oral argument re: Pla's motion to retax costs [1152-1] held; Court to issue written ruling; Court Reporter: Debby Lyon (Rec'd in Docketing 8/15/01) (jah) (Entered: 08/15/2001)
2001-06-28
1
Order by Judge James M. Fitzgerald denying motion (#3 of 6) for judgment as a matter of law after jury verdict re patent invalidity and non-infringement [1053-1] (cag) (Entered: 08/20/2001)
2001-08-17
1
Order by Judge James M. Fitzgerald denying motion (#4 of 6) for new trial re patent invalidity and non-infringement [1055-1] (cag) (Entered: 08/20/2001)
2001-08-17
1
Order by Judge James M. Fitzgerald: denying motion (#5 of 6) for jgm as a matter of law re damages [1058-1] (cag) (Entered: 10/02/2001)
2001-10-01
1
Order by Judge James M. Fitzgerald denying motion for new trial re damages (6 of 6) [1062-1] (cag) (Entered: 10/10/2001)
2001-10-10
1
Order by Judge James M. Fitzgerald granting dfts' motion to retax costs [1152-1], denying plas' motion to retax costs awarded in favor of Scripps Research Institute and Dr. David Cheresh [1149-1]; Scripps and Cheresh entitled to costs of preparing visual aids of $30,169.53 for a total of costs which they may recover of $61,951.86 (cag) (Entered: 11/01/2001)
2001-11-01
1
Notice of appeal to the Federal Circuit by counter-claimant Merck KGaA, defendant Merck KGaA from Dist. Court decision entered on 10/10/01. Receipt No/Amt of Fee: #076655, $105 [1165-1] (dkt clerk) Modified on 11/08/2001 (Entered: 11/08/2001)
2001-11-07
1
Notice of appeal sent to Federal Circuit Court [1167-1] as to Merck KGaA (dkt clerk)
2001-11-08
1
No Actions
Transcript Designation and Ordering Form: a transcript is already on file [1167-1] (dkt clerk) (Entered: 11/20/2001)
2001-11-15
1
Notice of docketing from the USCA for the Federal Circuit (dkt clerk) (Entered: 11/21/2001)
2001-11-20
1
Notification by Federal Circuit Court of Appellate Docket Number [1167-1] 02-1052 (dkt clerk) (Entered: 11/21/2001)
2001-11-20
1
Stipulation to stay execution of appealed jgm and approving supersedeas bond and Order by Judge James M. Fitzgerald (cag) (Entered: 11/21/2001)
2001-11-21
1
Notice of cross appeal to the Federal Circuit by plaintiff Intergra Lifescience, plaintiff Burnham Institute from Dist. Court decision entered on 11/1/01. Receipt No/Amt of Fee: #077031, $105 [1166-1] (dkt clerk) Modified on 11/26/2001 (Entered: 11/26/2001)
2001-11-21
1
Notice of cross appeal sent to the Federal Circuit Court [1172-1] (dkt clerk)
2001-11-26
1
No Actions
Notice of docketing from the USCA for the Federal Circuit (dkt clerk) (Entered: 12/05/2001)
2001-12-05
1
Notification by Circuit Court of Appellate Docket Number [1172-1] 02-1065 (dkt clerk) (Entered: 12/05/2001)
2001-12-05
1
Transcript of dft's motion for partial summary judgment before Judge Judith N. Keep on 09/02/97 (axr)
2001-12-11
1
No Actions
Notice of filing the opinion announcing judgment of the court from the Federal Circuit Court. Mandate will issue in due course. (dkt clerk) (Entered: 06/11/2003)
2003-06-10
1
Notice of filing from the Federal Court of Appeals an Errata filed 07/02/03 re patent (dkt clerk) (Entered: 07/08/2003)
2003-07-07
1
Minutes: Enter Order by Judge James M. Fitzgerald; in chamber telephonic status hrg held. (ksr) (Entered: 08/19/2003)
2003-08-19
1
Order by Judge James M. Fitzgerald: counsel to notify ct as to what action, if any, the ct take w/in 20 days of issuance of the mandate (cag) (Entered: 09/04/2003)
2003-09-03
1
Stipulation and Order by Judge James M. Fitzgerald: The Court, hereby orders that the Bond# BAL6981 be released and that execution of the appealed judgment continue to be stayed notwithstanding release of the bond. CC Financial. (joeh) (Entered: 09/29/2003)
2003-09-24
1
Received judgement from USCA. Forward to Court Clerk for calendar. (joeh)
2003-12-16
1
No Actions
Memorandum by counter-claimant Merck KGaA re procedure and disposition following remand. (ksr) (Entered: 12/30/2003)
2003-12-30
1
Declaration of William C. Rooklidge by counter-claimant Merck KGaA re memorandum [1184-1] (volume I of III) (ksr) Modified on 12/30/2003 (Entered: 12/30/2003)
2003-12-30
1
Declaration of William C. Rooklidge by counter-claimant Merck KGaA re memorandum [1184-1] (volume II of III) (ksr) (Entered: 12/30/2003)
2003-12-30
1
Declaration of William C. Rooklidge by counter-claimant Merck KGaA re memorandum [1184-1] (volume III of III) (ksr) (Entered: 12/30/2003)
2003-12-30
1
Proof of service by counter-claimant Merck KGaA of: documents [1184-1] through [1187-1] (ksr) (Entered: 12/30/2003)
2003-12-30
1
Minutes: Enter Order by Judge James M. Fitzgerald Case reassigned to Judge Rudi M. Brewster Court Reporter: n/a (axr) (Entered: 01/07/2004)
2004-01-06
1
Pla's Memorandum regarding proposed case schedule (axr) (Entered: 01/12/2004)
2004-01-08
1
Response to pla's memorandum regarding proposed case schedule (axr) (Entered: 01/15/2004)
2004-01-14
1
Declaration of William C. Rooklidge in support of response to pla's memorandum regarding proposed case schedule (axr) (Entered: 01/15/2004)
2004-01-14
1
Notice of Spreading the Mandate; Appeal mandate hrg set for 10:30 3/15/04 before Judge Rudi Brewster re USCA affirming in part/reversing in part/remanding the USDC decision " (dkt clerk) (Entered: 02/24/2004)
2004-02-24
1
Certified copy of judgment from USCA for the Federal Circuit affirmed in part/reversed in part and remanded re the decision of the District Court re: appeal [1172-1] and appeal [1167-1] (dkt clerk) (Entered: 03/16/2004)
2004-03-15
1
Minutes: Enter Order by Judge Rudi M. Brewster; appeal mandate ordered filed and entered; Court will issue an order setting a briefing schedule and hearing date for the motion for judgment as a matter of law re damages calculation; pla's motion for a new trial denied. Court Reporter: Suzie Dinsmore (mam) (Entered: 03/17/2004)
2004-03-15
1
Order Setting Briefing Schedule and Hearing For Jgm As A Mater of Law Regarding Damages by Judge Rudi M. Brewster: Hrg held 3/15/04 regarding the spreading of the mandate of the decision rendered by the U.S. Court of Appeals for the Federal Circuit regarding the appeal of the jury verdict rendered in this case. The court denies Integra's motion to conduct a further jury trial to determine damages in this case. Pursuant to the opinion of the Federal Circuit in this case, the motion for jgm as a matter of law is reversed. Each pty may file an opening brief, no longer than 40 pages, on or before 5/17/04. Each pty may file an opposition brief, no longer than 15 pages, on or before 6/17/04. Each pty may file a reply/rebuttal brief, no longer than 5 pages, on or before 7/6/04. The motion for jgm as a matter of law regarding damages is set for 8/23/04 at 10:30 a.m. (dkt clerk) (Entered: 03/23/2004)
2004-03-22
1
Notice of changes in counsel of record by counter-claimant Merck KGaA, counter-claimant Merck KGaA, counter-claimant Merck KGaA (dkt clerk) Modified on 03/25/2004 (Entered: 03/24/2004)
2004-03-22
1
Transcript filed of Appeal Mandate Hearing held in San Diego, CA on 03/15/04 at 10:30 before the Honorable Rudi M Brewster (dkt clerk)
2004-03-29
1
No Actions
Post-remand brief re determination of reasonable royalty by defendant and counter-claimant Merck KGaA (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Declaration of William C. Rooklidge by defendant/counterclaimant Merck KGaA in support of post- remand brief [1198-1] t/w exhs (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Supplemental opening brief by plaintiffs Burnham Institute and Integra Lifesciences regarding motion for jgm as a matter of law on the issue of damages (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Declaration of Mauricio A. Flores by plaintiffs Intergra Lifescience and The Burnham Institute in support of supplemental opening brief [1200-1] t/w exhs (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Exhibit 2 of 3 of declaration of Mauricio A. Flores by plaintiffs Intergra Lifescience and The Burnham Institute in support of supplemental opening brief on remand regarding motion for jgm as a matter of law on the issue of damages (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Exhibit 3 of 3 of declaration of Mauricio A. Flores by plaintiffs Intergra Lifescience and The Burnham Institute in support of supplemental opening brief on remand regarding motion for jgm as a matter of law on the issue of damages (dkt clerk) (Entered: 05/18/2004)
2004-05-17
1
Stipulation and Order by Judge Rudi M. Brewster: The court orders that the declaration of William C. Rooklidge in support of Merck's Post-Remand Brief re Determination of Reasonable Royalty be filed under seal. (dkt clerk) (Entered: 06/02/2004)
2004-06-02
1
Opposition by defendant and counter-claimant Merck KGaA to plaintiffs' brief re determination of reasonable royalty (dkt clerk) (Entered: 06/18/2004)
2004-06-17
1
Opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft's post remand brief (dkt clerk) (Entered: 06/18/2004)
2004-06-17
1
Declaration of David M. Beckwith by plaintiff Intergra Lifescience, plaintiff Burnham Institute in support of plaintiffs' opposition to dft's post-remand brief [1206-1] t/w exhs (dkt clerk) (Entered: 06/18/2004)
2004-06-17
1
Amended opposition by plaintiff Intergra Lifescience, plaintiff Burnham Institute to dft's post-remand brief (dkt clerk) (Entered: 06/24/2004)
2004-06-23
1
Stipulation and Order by Judge Rudi M. Brewster: The court orders that the declaration of Martha K. Gooding by dft Merck in opposition to plaintiffs' brief re Determination of Reasonable Royalty be filed under seal. (dkt clerk) Modified on 06/24/2004 (Entered: 06/24/2004)
2004-06-23
1
Sealed Document. Dft Merck's Declaration of Martha K. Gooding in support of Merck's opposition to plaintiffs' brief re determination of reasonable royalty (dkt clerk) (Additional attachment(s) added on 10/24/2012: # 1 Part 2, # 2 Part 3) Modified on 10/24/2012 to add doc to entry (leh). (Entered: 06/24/2004)
2004-06-23
1
Supplemental opening brief on remand regarding motion for jgm as a matter of law on the issue of damages by plaintiff Intergra Lifescience, plaintiff Burnham Institute (dkt clerk) (Entered: 06/24/2004)
2004-06-23
1
Declaration of David M. Beckwith by plaintiff Integra Lifescience, plaintiff Burnham Institute in support of opposition to dft's post-remand brief [1208-1] t/w exh (dkt clerk) Modified on 07/07/2004 (Entered: 07/07/2004)
2004-07-06
1
Reply memorandum of p/a's in support of determination of reasonable royalty by plaintiff Integra Lifescience, plaintiff Burnham Institute (dkt clerk) (Entered: 07/07/2004)
2004-07-06
1
Reply brief in support of post-remand determination of reasonable royalty by counter-claimant Merck KGaA, defendant Merck KGaA (dkt clerk) Modified on 07/12/2004 (Entered: 07/07/2004)
2004-07-06
1
Declaration of William C. Rooklidge in support of Merck's reply brief in support of post-remand determination of reasonable royalty by counter-claimant Merck KGaA, defendant Merck KGaA t/w exh (dkt clerk) (Entered: 07/07/2004)
2004-07-06
1
Notice of hearing (In-House) motion for judgment as a matter of law re damages [1058-1] continued to 9:00 8/27/04 before Judge Rudi Brewster (dkt clerk) (Entered: 08/11/2004)
2004-08-09
1
Minutes: Enter Order by Judge Rudi M. Brewster: Hrg re motion for judgment as a matter of law re damages held [1058-1]; matter is taken under submission; Court Reporter: Suzie Dinsmore (dkt clerk) (Entered: 08/30/2004)
2004-08-27
1
Order Re: Calculation of Reasonable Royalty on Remand by Judge Rudi M. Brewster: Based on the evidence in the record, for the reasons contained in this order and in light of the Federal Circuit's opinion in this case, this court finds that the hypothetical negotiation date for a license for the patents in suit is August 1994. Further, based on the available evidence, the court awards Telios/Integra a reasonable royalty of $6.375 million as the maximum award of royalties sustainable under the evidence in this case. (dkt clerk) (Entered: 09/08/2004)
2004-09-07
1
Notice of Motion and Motion by plaintiff Integra Lifescience to amend judgment pursuant to FRCP 50(e) and for costs pursuant to L.R. 54.1 [motion(s) referred to Judge Rudi M. Brewster] motion hrg set for 10/26/04 at 10:30 a.m. (dkt clerk) (Entered: 09/22/2004)
2004-09-21
1
Memorandum of points and authorities by plaintiff Integra Lifescience in support of motion to amend judgment pursuant to FRCP 50(e) [1219-1], in support of motion for costs pursuant to L.R. 54.1 [1219-2] (dkt clerk) (Entered: 09/22/2004)
2004-09-21
1
Declaration of David B. Holtz by plaintiff Integra Lifescience in support of motion to amend judgment pursuant to FRCP 50(e) [1219-1], in support of motion for costs pursuant to L.R. 54.1 [1219-2] (dkt clerk) (Entered: 09/22/2004)
2004-09-21
1
Transcript filed of motion hrg held in San Diego, CA on 8/17/04 before Judge Brewster (Echo Reporting) (dkt clerk)
2004-09-30
1
No Actions
Notice of Motion and Motion by defendant and counter-claimant Merck KGaA to correct 9/7/04 order re calculation of reasonable royalty on remand or, in the alternative, for reconsideration of 9/7/04 order [motion(s) referred to Judge Rudi M. Brewster] motion hrg set for 1/10/05 at 10:30 a.m. (dkt clerk) (Entered: 10/08/2004)
2004-10-07
1
Memorandum of points and authorities by defendant and counter-claimant Merck KGaA in support of motion to correct 9/7/04 order re calculation of reasonable royalty on remand [1222-1] in support of motion for reconsideration of 9/7/04 order [1222-2] (dkt clerk) Modified on 10/08/2004 (Entered: 10/08/2004)
2004-10-07
1
Declaration of Martha K. Gooding by defendant and counter-claimant Merck KGaA in support of motion to correct 9/7/04 order re calculation of reasonable royalty on remand [1222-1] and motion for reconsideration of 9/7/04 order [1222-2] t/w exhs (dkt clerk) (Entered: 10/08/2004)
2004-10-07
1
Proof of service by personal delivery by defendant and counter-claimant Merck KGaA of: document nos. 1222-1224 (dkt clerk) (Entered: 10/08/2004)
2004-10-07
1
Opposition by defendant and counter-claimant Merck KGaA to plaintiffs' motion to amend judgment pursuant to FRCP 50(e) [1219-1] and request for costs pursuant to L.R. 54.1 [1219-2] (dkt clerk) (Entered: 10/13/2004)
2004-10-12
1
Declaration of Martha K. Gooding by defendant and counter-claimant Merck KGaA in support of Merck's opposition [1226-1] to plaintiffs' motion to amend the judgment pursuant to FRCP 59(e) and request for costs pursuant to L.R. 54.1 t/w exhs (dkt clerk) (Entered: 10/13/2004)
2004-10-12
1
Order Consolidating Hearing Date For Plaintiffs' Rule 59(e) Motion To Amend The Judgment and Defendant's Rule 60 Motion and Motion For Reconsideration by Judge Rudi M. Brewster: Motion to correct 9/7/04 order re calculation of reasonable royalty on remand [1222-1], motion for reconsideration of 9/7/04 order [1222-2], motion to amend judgment pursuant to FRCP 50(e) [1219-1] and motion for costs pursuant to L.R. 54.1 [1219-2] set for 1/10/05 at 10:30 a.m. before Judge Rudi M. Brewster (motions mentioned in caption of order are two part motions) (dkt clerk) (Entered: 10/14/2004)
2004-10-14
1
Stipulation and Order Re Continuance of January 10, 2005 Hearing by Judge Rudi M. Brewster: The following motions are rescheduled to 3/21/05 at 10:30 a.m. before Judge Rudi M. Brewster: motion to correct 9/7/04 order re calculation of reasonable royalty on remand [1222-1], motion for reconsideration of 9/7/04 order [1222-2], motion to amend judgment pursuant to FRCP 50(e) [1219-1], motion for costs pursuant to L.R. 54.1 [1219-2] (dkt clerk) (Entered: 01/03/2005)
2004-12-30
1
Stipulation and Order Re Stay of Proceedings by Judge Rudi M. Brewster: The court orders that all further proceedings in and before this Court including w/out limitation Merck's motion pursuant to Rule 60 to correct 9/7/04 order re calculation of reasonable royalty on remand or, in the alternative, for reconsideration of 9/7/04 order and plaintiffs' motion to amend the judgment pursuant to Rule 59(e) and request for costs pursuant to L.R. 54.1, both set for hrg on 3/21/05 shall be stayed until after the Supreme Court of the U.S. has issued its decision in this matter. Case stayed (dkt clerk) (Entered: 02/07/2005)
2005-02-04
1
Notice of entry of order staying proceedings by defendant/counter-claimant Merck KGaA (dkt clerk) (Entered: 02/11/2005)
2005-02-10
1
Mailed Original Clerk's record to Supreme Court (per fax request) case volume(s) 89, transcripts 1, and 39 sealed envelopes (dkt clerk)
2005-04-05
1
No Actions
Acknowledgement from US Supreme Court re receipt of clerks record: 89 vol, 1 transcript, 39 sealed envelopes (dkt clerk) (Entered: 04/26/2005)
2005-04-25
1
Joint Notice of Supreme Court Ruling And Request For Continued Stay of Proceedings and Order by Judge Rudi M. Brewster: The court orders that all further proceedings in and before this Court, including all pending motions, shall continue to be stayed until after the Court of Appeals for the Federal Circuit has issued its decision in this matter. (dkt clerk) (Entered: 07/11/2005)
2005-07-11
1
Notice by counter-claimant Merck KGaA of entry of order continuing stay of proceedings (bar) (Entered: 07/19/2005)
2005-07-15
1
Clerk's original record returned from Supreme Court: 89 vol, 1 transcript and 39 sealed envelopes. (dkt clerk)
2005-07-25
1
No Actions
Certified Copy of Federal Appellate Court Order: This court has received a certified copy of the judgment from the Supreme Court - The Supreme Ct vacated this courts judgment and remanded for proceedings consistent with the Court's opinion. Case is returned to the original merits panel. The court sua sponte allows amicus briefs. (cc: Chambers) (dkt clerk) (Entered: 08/24/2005)
2005-08-22
1
NOTICE of Spreading the Mandate for U.S.C.A. for the Federal Circuit No. 2002-1052 and 2002-1065: Appeal Mandate Hearing set for 9/17/2007 09:00 AM in Courtroom 2 before Judge Rudi M. Brewster on petition requisite to filing certified copy of judgment from U.S. Court of Appeals for the Federal Circuit REVERSING the decision of U.S. District Court, Southern District of California. The Court informs the parties that the spreading of the mandate upon the minutes of the district court record is a ministerial task in which the appellate court's decision is filed and the case is returned to the jurisdiction of the district court. If this Court's decision has been affirmed and no additional proceedings in this court are necessary, the parties are not required to attend the hearing. If this Court's decision has been reversed, however, the parties shall attend the hearing and should be prepared to discuss the status of the litigation and their suggestions on how to proceed. (mjm) (Entered: 08/31/2007)
2007-08-31
1
NOTICE of Hearing: Status Re Motions and Status re Case (Case Stayed 2/4/05, 1230 ) set for 9/17/2007 09:00 AM in Courtroom 2 before Judge Rudi M. Brewster. Motion 1219 by plaintiff Integra Lifescience to Amend Judgment Pursuant to FRCP 50(e) and for Costs Pursuant to L.R. 54.1 and Motion 1222 by defendant and counter-claimant Merck KGaA to Correct 9/7/04 Order re Calculation of Reasonable Royalty on Remand or, in the alternative, for Reconsideration of 9/7/04 Order. (mjm) (Entered: 08/31/2007)
2007-08-31
1
NOTICE of Appearance (Filed as Notice of Change in Counsel) by Martha K Gooding, William C Rooklidge on behalf of Merck KGaA, Merck KGaA (a German corporation) (jah) (Entered: 09/17/2007)
2007-09-13
1
Minute Entry for proceedings held before Judge Rudi M. Brewster on 9/17/2007: Appeal Mandate Hearing held re Appeal 1167 and Cross Appeal 1172, U.S.C.A. for the Federal Circuit NO. 2002-1052 and NO. 2002-1065. The certified copy of the judgment from U.S. Court of Appeals for the Federal Circuit REVERSING the decision of U.S. District Court, Southern District of California is FILED. The case is returned to the jurisdiction of the District Court. Status Conference held re Stay of Execution of Any and All Proceedings to Enforce the Judgment 1078 and Case Stay per 1230 - STAYS LIFTED. Motion Hearing re Motion 1219 by plaintiff Integra Lifesciences to Amend Judgment Pursuant to FRCP 50(e) and for Costs Pursuant to L.R. 54.1 and Motion 1222 by defendant and counter-claimant Merck KGaA to Correct 9/7/04 Order re Calculation of Reasonable Royalty on Remand or, in the alternative, for Reconsideration of 9/7/04 Order - held and cont to 10/29/07 at 9:00 A.M. Further Status Conference re Filing of Judgment set for 10/29/2007 09:00 AM in Courtroom 2 before Judge Rudi M. Brewster. (Court Reporter Melinda Stetterman). (Plaintiffs Attorney Mauricio A. Flores). (Defendants Attorney Martha K. Gooding - telephonic). (mjm) (Entered: 09/17/2007)
2007-09-17
1
USCA JUDGMENT (Federal Circuit, Certified Copy) Reversing the decision of the USDC re 1167 Appeal, {1172] Cross Appeal. (mkz) (Entered: 09/18/2007)
2007-09-17
1
Joint MOTION to Enforce Judgment Following Mandate by Merck KGaA. (Attachments: # 1 Supplement Judgment Following Mandate)(Rooklidge, William) (Entered: 10/26/2007)
2007-10-26
1
Minute Order. Proceedings held before Judge Rudi M. Brewster: Motion Hearing / Status Conference Re Case held on 10/29/2007. Motion 1219 by plaintiff Integra Lifesciences to Amend Judgment Pursuant to FRCP 50(e) and for Costs Pursuant to L.R. 54.1 - WITHDRAWN AS MOOT. Motion 1222 by defendant and counter-claimant Merck KGaA to Correct 9/7/04 Order re Calculation of Reasonable Royalty on Remand or, in the alternative, for Reconsideration of 9/7/04 Order - WITHDRAWN AS MOOT. Joint MOTION 1241 to Enforce Judgment Following Mandate - GRANTED. Judgment Following Mandate - FILED. (Court Reporter Jennifer Hinkle.) (Plaintiff Attorney Mauricio A. Flores). (Defendant Attorney Ryan E. Lindsey). (mjm) (Entered: 10/29/2007)
2007-10-29
1
JUDGMENT Following Mandate in favor of Defendants against Plaintiffs. Signed by Judge Rudi M. Brewster on 10/29/2007. Judgment entered in favor of Dfts Merck KGaA, Scripps Research Institute and Dr. David Cheresh against Plaintiffs Integra Lifesciences I, Ltd and The Burnham Institute on Claim 2 of US Patent No. 4,988,621 and Claim 14 of US Patent No. 5,695,997 on ground that claims are invalid, and on all remaining asserted claims of '997 Patent, US Patent No. 4,792,525, Patent No. 4,879,237, Patent No. 4,789,734 on grounds Dfts do not infringe any of the remaining asserted claims. Plaintiffs are entitled to no relief against any of the Dfts. Merck is entitled to recover from Plaintiffs, jointly and severally, costs in the amt of $200,000, to be paid in full no later than 30 days after entry of this Judgment. Costs are not awarded to Scripps or David Cheresh. In event costs are paid as set forth, the amt of costs shall increase to $207,800, and Merck shall be entitled to post-judgment interest on the increased amt of unpaid costs from the date of entry of this judgment until costs are fully paid. All prior order taxing costs in favor of one or more of the Plaintiffs, or in favor of one or more of the Dfts shall be vacated as inconsistent w/ this Judgment. (jah) (Entered: 10/30/2007)
2007-10-29
1