Merial Limited v. VELCERA INC

Application Number	Patent Number	External Links
-	US6096329	Espacenet Google Patents

COMPLAINT against FIDOPHARM INC, VELCERA INC Filing Fee $350, Receipt Number 1372425, filed by Merial Limited, Merial SAS. (Attachments: # 1 Exhibit A - Patent No. 6,096,329 Aug. 1, 2000, # 2 Exhibit B - Patent No. 6,096,329 C1 Ex Parte Reexamination Certificate (8587th), # 3 Civil Cover Sheet)(ggs) (Entered: 06/05/2012)

2012-06-05

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Summons Issued as to VELCERA INC on 6/5/2012. (ggs) (Entered: 06/05/2012)

2012-06-05

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Summons Issued as to FIDOPHARM INC on 6/5/2012. (ggs) (Entered: 06/05/2012)

2012-06-05

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AO120, Report on the Filing or Determination of an Action Regarding a Patent or Trademark. Forwarded this date, by virtue of this notice, to the Commissioner of Patents and Trademarks, Washington, DC. (ggs) (Entered: 06/05/2012)

2012-06-05

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MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Hearing by Merial Limited, Merial SAS filed by Matthew Wolff Howell. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Matthew W. Howell, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Errata 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit List, # 34 Certificate of Service)(Howell, Matthew) (Entered: 06/05/2012)

2012-06-05

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Judge Clay D. Land added. (ggs)

2012-06-05

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NOTICE of Hearing by Merial Limited, Merial SAS re Order,,, (HOWELL, MATTHEW) (Entered: 06/06/2012)

2012-06-06

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NOTICE of SETTING Hearing. TRO and Preliminary Injunction Hearing set for 6/21/2012 at 09:00 AM in Columbus before Judge Clay D. Land. (pgs)

2012-06-06

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This is a text only entry; no document issued.ORDER. Plaintiff seeks a temporary restraining order pending the Court's scheduling of a hearing on its motion for preliminary injunction. Defendants have not yet made an appearance in this action. The Court is reluctant to issue an ex parte restraining order without Defendants having an opportunity to be heard. Instead, the Court schedules a hearing on Plaintiff's motion for preliminary injunction to be held on June 21, 2012 beginning at 9:00 A.M. at the Federal Courthouse in Columbus, Georgia. Plaintiff's counsel shall exercise their best efforts to notify Defendants and Defendants' likely counsel of today's order scheduling the hearing. If Defendants wish to file a written response to Plaintiff's motion, they should do so by 5:00 P.M. on June 18, 2012. Ordered by Judge Clay D. Land on June 6, 2012. (CDL)

2012-06-06

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Email sent to Attorney Pamela Councill regarding the Court's attorney admission requirements. (nop)

2012-06-06

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NOTICE of Attorney Appearance by THOMAS F GRISTINA on behalf of FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/07/2012)

2012-06-07

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Summons Reissued as to VELCERA INC. (ggs) (Entered: 06/11/2012)

2012-06-11

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Summons Reissued as to FIDOPHARM INC. (ggs) (Entered: 06/11/2012)

2012-06-11

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MOTION for Leave to File Excess Pages for Response to Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 06/11/2012)

2012-06-11

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This is a text only entry; no document issued. ORDER granting 10 Motion for Leave to File Excess Pages. Defendants' response to motion for preliminary injunction shall not exceed 30 pages. Plaintiffs have not requested excess pages for their reply, but are allowed five additional pages if needed.Ordered by Judge Clay D. Land on 6/12/2012 (pgs)

2012-06-12

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RESPONSE filed by FIDOPHARM INC, VELCERA INC re 5 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Hearing (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B - Part 1, # 4 Exhibit B - Part 2, # 5 Exhibit B - Part 3, # 6 Exhibit B - Part 4, # 7 Exhibit B - Part 5, # 8 Exhibit B - Part 6, # 9 Exhibit B - Part 7, # 10 Exhibit B - Part 8, # 11 Exhibit B - Part 9, # 12 Exhibit C)(GRISTINA, THOMAS) (Entered: 06/14/2012)

2012-06-14

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MOTION for Leave to File Excess Pages for Reply Brief to Defendants' Response in Opposition to Motion for Preliminary Injunction by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 06/15/2012)

2012-06-15

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PRO HAC VICE FEE Paid by DAVID R GODOFSKY $100, receipt #1379277 - admitted pro hac vice as of 6/15/2012. (nop)

2012-06-15

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REPLY to Response filed by Merial Limited, Merial SAS re 5 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Hearing (Attachments: # 1 Declaration of Matthew W. Howell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 (part 1 of 3), # 8 Exhibit 6 (part 2 of 3), # 9 Exhibit 6 (part 3 of 3), # 10 Exhibit 7 (part 1 of 4), # 11 Exhibit 7 (part 2 of 4), # 12 Exhibit 7 (part 3 of 4), # 13 Exhibit 7 (part 4 of 4), # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit List, # 23 Certificate of Service)(HOWELL, MATTHEW) (Entered: 06/18/2012)

2012-06-18

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This is a text only entry; no document issued. ORDER granting 12 Motion for Leave to File Excess Pages. Plaintiffs' reply brief shall not exceed 20 pages. Ordered by Judge Clay D. Land on 06/18/2012. (CGC)

2012-06-18

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STIPULATION by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/19/2012)

2012-06-19

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NOTICE of Attorney Appearance by MICHAEL WOLAK, III on behalf of FIDOPHARM INC, VELCERA INC (WOLAK, MICHAEL) (Entered: 06/19/2012)

2012-06-19

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MOTION to Strike 13 Reply to Response to Motion,, by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 06/19/2012)

2012-06-19

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STIPULATION by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/19/2012)

2012-06-19

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PRO HAC VICE FEE Paid by EIMERIC REIG PLESSIS $100, receipt #1380349 - admitted pro hac vice as of 6/18/2012. (nop)

2012-06-19

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NOTICE In Response to June 20 Text Order by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/20/2012)

2012-06-20

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NOTICE of Response To The Court's June 20, 2012 Text Order by Merial Limited, Merial SAS (Cox, John) (Entered: 06/20/2012)

2012-06-20

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NOTICE of Filing Declaration by FIDOPHARM INC, VELCERA INC (Attachments: # 1 Affidavit Murphy Declaration)(GRISTINA, THOMAS) (Entered: 06/20/2012)

2012-06-20

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This is a text only entry; no document issued. ORDER denying part of 16 Motion to Strike and deferring ruling on part of motion to strike. The Court denies Defendants' motion regarding the testimony of Leonore C. Witchey-Lakshmanan. The Court does not intend to hear unnecessarily redundant testimony but will make that decision at the hearing. The Court does not at this time contemplate placing an arbitrary examination time limit, but will make sure during the hearing that the examinations proceed at a reasonable pace. The Court will have read the expert affidavits prior to the hearing and is contemplating allowing the affidavit testimony to be substituted for direct examination, allowing cross examination, and then allowing a redirect examination. The Court will defer any ruling regarding expert witness Schwartz until the hearing.Ordered by Judge Clay D. Land on June 20, 2012 (CDL)

2012-06-20

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This is a text only entry; no document issued. Regarding Plaintiff's Motion for Preliminary Injunction 5, the parties shall file through CM/ECF and e-mail a copy in Word format to Courtroom Deputy Clerk Pam Sweeden Proposed Findings of Fact and Conclusions of Law by 5:00 P.M. on June 25, 2012. Ordered by Judge Clay D. Land on 06/20/2012. (CGC)

2012-06-20

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TRIAL BRIEF by Merial Limited, Merial SAS (Attachments: # 1 Certificate of Service)(COUNCILL, PAMELA) (Entered: 06/22/2012)

2012-06-22

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Minute Entry for proceedings held before Judge Clay D. Land: DAY 1 - Motion Hearing held on 6/21/2012 re 5 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Hearing filed by Merial SAS, Merial Limited (Court Reporter Betsy Peterson.) (esl) (Entered: 06/25/2012)

2012-06-25

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Minute Entry for proceedings held before Judge Clay D. Land: DAY 2 (final) - Motion Hearing held on 6/22/2012 re 5 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Hearing filed by Merial SAS, Merial Limited (Court Reporter Betsy Peterson.) (esl) (Entered: 06/25/2012)

2012-06-25

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SUMMONS Returned Executed by Merial Limited, Merial SAS as to FIDOPHARM INC. (HOWELL, MATTHEW) (Entered: 06/25/2012)

2012-06-25

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SUMMONS Returned Executed by Merial Limited, Merial SAS as to VELCERA INC. (HOWELL, MATTHEW) (Entered: 06/25/2012)

2012-06-25

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Proposed Findings of Fact by Merial Limited, Merial SAS (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 06/25/2012)

2012-06-25

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Proposed Findings of Fact by FIDOPHARM INC, VELCERA INC(GRISTINA, THOMAS) (Entered: 06/25/2012)

2012-06-25

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AMENDED DOCUMENT by FIDOPHARM INC, VELCERA INC,amending 27 Proposed Findings of Fact (GRISTINA, THOMAS) (Entered: 06/25/2012)

2012-06-25

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NOTICE of RESETTING Hearing (TIME CHANGE ONLY) - Pretrial Conference set for 10/2/2012 09:00 AM in Athens before Judge Clay D. Land. (esl)

2012-06-25

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NOTICE OF HEARINGS (text only) - Pretrial Conference set for 10/2/2012 10:00 AM in Athens before Judge Clay D. Land. Proposed Pretrial Order should be electronically submitted no later than 9/25/2012. Jury Trial set for 11/5/2012 09:00 AM in Athens before Judge Clay D. Land.) Ordered by Judge Clay D. Land on 6/22/2012. (esl)

2012-06-25

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NOTICE of DEADLINE: Parties shall electronically submit a Proposed Scheduling Order no later than 7/13/2012. Ordered by Judge Clay D. Land on 6/22/2012. (esl)

2012-06-25

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TRANSCRIPT of Proceedings held on 6/21/2012, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I of II. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) (Entered: 06/26/2012)

2012-06-26

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TRANSCRIPT of Proceedings held on 6/22/2012, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: II of II. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) (Entered: 06/26/2012)

2012-06-26

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EXHIBIT LIST - Part 1 of 2 (June 21-22, 2012 Hearing) - Plaintiff & Defendant Exhibits reflected on pgs 1-5 of Exhibit List. (Attachments: # 1 Exhibit DX-32, # 2 Exhibit DX-39, # 3 Exhibit DX-44, # 4 Exhibit DX-45, # 5 Exhibit DX-46, # 6 Exhibit DX-50, # 7 Exhibit DX-52, # 8 Exhibit DX-53, # 9 Exhibit DX-65, # 10 Exhibit DX-75, # 11 Exhibit DX-76, # 12 Exhibit DX-77, # 13 Exhibit DX-78, # 14 Exhibit DX-80, # 15 Exhibit PX-700, # 16 Exhibit PX-701, # 17 Exhibit PX-716, # 18 Exhibit PX-730, # 19 Exhibit PX-737, # 20 Exhibit PX-738, # 21 Exhibit PX-740 (Part 1), # 22 Exhibit PX-740 (Part 2), # 23 Exhibit PX-744, # 24 Exhibit PX-746, # 25 Exhibit PX-748, # 26 Exhibit PX-750 (Part 1), # 27 Exhibit PX-750 (Part 2), # 28 Exhibit PX-755, # 29 Exhibit PX-756, # 30 Exhibit PX-757, # 31 Exhibit PX-758, # 32 Exhibit PX-760, # 33 Exhibit PX-762, # 34 Exhibit PX-771, # 35 Exhibit PX-773, # 36 Exhibit PX-774, # 37 Exhibit PX-775, # 38 Exhibit PX-779, # 39 Exhibit PX-780, # 40 Exhibit PX-781, # 41 Exhibit PX-782, # 42 Exhibit PX-785, # 43 Exhibit PX-786, # 44 Exhibit PX-800, # 45 Exhibit PX-802, # 46 Exhibit PX-803, # 47 Exhibit PX-806)(esl) (Entered: 06/26/2012)

2012-06-26

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EXHIBIT LIST Part 2 of 2 - June 21-22, 2012 Hearing - Joint Exhibits and Demonstrative Exhibits (attachments correspond with pages 5-9 of Exhibit List) - (Attachments: # 1 Exhibit JX-004 TAB 1 (Part 1), # 2 Exhibit JX-004 TAB 1 (Part 2), # 3 Exhibit JX-004 TAB 2, # 4 Exhibit JX-004 TAB 3 (Part 1), # 5 Exhibit JX-004 TAB 3 (Part 2), # 6 Exhibit JX-004 TAB 4, # 7 Exhibit JX-004 TAB 5, # 8 Exhibit JX-004 TAB 6, # 9 Exhibit JX-004 TAB 7, # 10 Exhibit JX-004 TAB 8, # 11 Exhibit JX-004 TAB 9, # 12 Exhibit JX-004 TAB 10, # 13 Exhibit JX-004 TAB 11, # 14 Exhibit JX-004 TAB 12, # 15 Exhibit JX-004 TAB 13, # 16 Exhibit JX-004 TAB 14, # 17 Exhibit JX-004 TAB 15, # 18 Exhibit JX-004 TAB 16, # 19 Exhibit JX-004 TAB 17, # 20 Exhibit JX-004 TAB 18, # 21 Exhibit JX-004 TAB 19, # 22 Exhibit JX-004 TAB 20 (Part 1), # 23 Exhibit JX-004 TAB 20 (Part 2), # 24 Exhibit JX-004 TAB 20 (Part 3), # 25 Exhibit JX-004 TAB 20 (Part 4), # 26 Exhibit JX-004 TAB 20 (Part 5), # 27 Exhibit JX-004 TAB 20 (Part 6), # 28 Exhibit JX-004 TAB 20 (Part 7), # 29 Exhibit JX-004 TAB 20 (Part 8), # 30 Exhibit JX-004 TAB 21, # 31 Exhibit JX-004 TAB 22 (Part 1), # 32 Exhibit JX-004 TAB 22 (Part 2), # 33 Exhibit JX-004 TAB 23, # 34 Exhibit JX-004 TAB 24, # 35 Exhibit JX-004 TAB 25 (Part 1), # 36 Exhibit JX-004 TAB 25 (Part 2), # 37 Exhibit JX-004 TAB 26 (Part 1), # 38 Exhibit JX-004 TAB 26 (Part 2), # 39 Exhibit JX-004 TAB 26 (Part 3), # 40 Exhibit JX-004 TAB 27 (Part 1), # 41 Exhibit JX-004 TAB 27 (Part 2), # 42 Exhibit JX-004 TAB 27 (Part 3), # 43 Errata JX-004 TAB 27 (Part 4), # 44 Exhibit JX-004 TAB 28, # 45 Exhibit JX-004 TAB 29, # 46 Exhibit Demonstrative Exhibits 27-53 re: Witchey testimony, # 47 Exhibit Demonstrative Exhibits 67-70 re: Johnson testimony, # 48 Exhibit Demonstrative Exhibits 75-97 re: Shoop testimony, # 49 Exhibit Demonstrative Exhibits DX 69, 73, 98, and 114 re: Rust testimony, # 50 Exhibit Demonstrative Exhibits 150-161 re: Hamer testimony, # 51 Exhibit Demonstrative Exhibits 201-221 re: Clark testimony, # 52 Exhibit Demonstrative Exhibits used in Closing, # 53 Exhibit PDX 20-1 thru 20-16, # 54 Exhibit PDX 23, # 55 Exhibit PDX 24)(esl) (Entered: 06/26/2012)

2012-06-26

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STIPULATION re 1 Complaint, by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/27/2012)

2012-06-27

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ORDER granting 5 Motion for Preliminary Injunction. Ordered by Judge Clay D. Land on 06/29/2012. (CGC) (Entered: 06/29/2012)

2012-06-29

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Arbitration Referral Letter sent 7/2/2012 (hrm) (Entered: 07/02/2012)

2012-07-02

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MOTION to Stay Preliminary Injunction re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 07/02/2012)

2012-07-02

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RESPONSE filed by Merial Limited, Merial SAS re 36 MOTION to Stay Preliminary Injunction re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction (Cox, John) (Entered: 07/03/2012)

2012-07-03

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NOTICE OF APPEAL as to 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC. Filing fee $ 455, Receipt No.: 113G-1390630. (GRISTINA, THOMAS) (Entered: 07/03/2012)

2012-07-03

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This is a text only entry; no document issued. ORDER denying 36 Motion to Stay. For reasons similar to those supporting the issuance of the preliminary injunction, Defendants' Motion for stay is denied.Ordered by Judge Clay D. Land on July 3, 2012 (CDL)

2012-07-03

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***Arbitration Opt Out Letter by Defendants (GRISTINA, THOMAS) (Entered: 07/05/2012)

2012-07-05

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Remark: Appeal packet e-mailed to the US Court of Appeals for the Federal Circuit. Packed included the Notice of Appeals, Certified Copy of the Docket Sheet and the Order being appealed. (ggs)

2012-07-05

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NOTICE of Docketing U.S. Court of Appeals for the Federal Circuit case No. 12-1505, re 38 Notice of Appeal. (Attachments: # 1 Official Caption of case)(ggs) (Entered: 07/09/2012)

2012-07-09

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***Arbitration Opt Out Letter by Plaintiffs (Smith, Frank) (Entered: 07/09/2012)

2012-07-09

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STIPULATION - Joint Sipulation regarding use of documents and other materials from related cases by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/13/2012 (ggs). (Entered: 07/12/2012)

2012-07-12

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STIPULATION by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW)SPOKE WITH ATTORNEY HOWELL VIA TELEPHONE AND REQUESTED THAT HE E-MAIL THE PROPOSED ORDER TO THE CLERK'S OFFICE FOR FORWARDING TO THE JUDGE FOR SIGNATURE Modified on 7/13/2012 (ggs). (Entered: 07/12/2012)

2012-07-12

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Proposed Amended Scheduling/Discovery Order Received and forwarded to Chambers (ggs)

2012-07-12

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STIPULATED PROTECTIVE ORDER Ordered by Judge Clay D. Land on 7/13/2012. (ggs) (Entered: 07/13/2012)

2012-07-13

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STATUS REPORT by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/13/2012)

2012-07-13

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MOTION for Accommodation re 45 Status Report, by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/13/2012)

2012-07-13

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MOTION to Seal Document(s) by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA. (Attachments: # 1 Exhibit 1)(GRISTINA, THOMAS) (Entered: 07/13/2012)

2012-07-13

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ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against All Plaintiffs by FIDOPHARM INC, VELCERA INC.(GRISTINA, THOMAS) (Entered: 07/13/2012)

2012-07-13

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RESPONSE filed by FIDOPHARM INC, VELCERA INC re 46 MOTION for Accommodation re 45 Status Report, (GRISTINA, THOMAS) (Entered: 07/14/2012)

2012-07-14

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MOTION to Bifurcate, MOTION to Stay Defendants' Antitrust Counterclaim by Merial Limited, Merial SAS filed by PAMELA H COUNCILL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(COUNCILL, PAMELA) (Entered: 07/16/2012)

2012-07-16

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STATUS REPORT by FIDOPHARM INC, VELCERA INC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(GRISTINA, THOMAS) (Entered: 07/17/2012)

2012-07-17

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STATUS REPORT by Merial Limited, Merial SAS (HOWELL, MATTHEW) (Entered: 07/17/2012)

2012-07-17

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This is a text only entry; no document issued. ORDER granting 47 Motion to Seal Document. Ordered by Judge Clay D. Land on 7/17/2012 (pgs)

2012-07-17

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This is a text only entry; no document issued. ORDER for Response. The Court does not intend to continue the trial of this case. With this understanding, the parties shall confer again on the issues that divide them and file a written report with the Court by 5:00 P.M. Friday, July 20, 2012 as to their progress. The Court will then decide any remaining disputes on the papers filed with the Court. Ordered by Judge Clay D. Land on 07/18/2012. (CGC)

2012-07-18

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***Sealed Document - MOTION for Security Bond and BRIEF in Support of Request for Security Bond, filed by FIDOPHARM INC, VELCERA INC. re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A - Declaration of Dennis F. Steadman)(ggs) Modified on 7/23/2012 (ggs). (Entered: 07/20/2012)

2012-07-20

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RESPONSE TO COURT ORDER - JOINT SUBMISSION ON PRETRIAL SCHEDULE by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/23/2012 (ggs). (Entered: 07/20/2012)

2012-07-20

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NOTICE Of Joint Submission On Claim Construction by FIDOPHARM INC, VELCERA INC re 54 Status Report (GRISTINA, THOMAS) (Entered: 07/23/2012)

2012-07-23

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This is a text only entry; no document issued. ORDER finding as moot 46 Motion for Accomodation; granting 50 Motion to Bifurcate Antitrust Counterclaim; granting 50 Motion to Stay discovery related to Antitrust Counterclaim. Based on the parties' stipulation as reflected in their Joint Submission on Pretrial Schedule (ECF No. 54), the Court grants the motion to bifurcate the anti-trust counterclaim and to stay the discovery related to that counterclaim. The Court further finds that in light of today's order, the motion for accommodation is moot. The Court notifies the parties that it is amenable to re-scheduling the final pretrial conference to sometime during the week of October 22, 2012. However, if held that week, the pretrial conference would have to be done in Columbus. Furthermore, any deposition designations, upon which the court must make any rulings, would need to be ripe for determination by the Court by the date of the final pretrial conference. If the parties wish to postpone the final pretrial conference to the week of October 22, 2012, they shall submit an amended scheduling order by July 27, 2012. If they do not wish to postpone the pretrial conference, then the parties shall notify the Court by July 27, 2012, and the Court will adopt the schedule presented as Exhibit A to the parties joint submission (ECF No. 54). Finally, although the Court grants the motion to bifurcate the anti-trust counterclaim, the Court does not understand how any other "unenforceability defenses" could be bifurcated, and if such bifurcation is sought, the parties should clarify exactly what type of defenses they seek to bifurcate in their filing that is due July 27, 2012.Ordered by Judge Clay D. Land on July 23, 2012 (CDL)

2012-07-23

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MOTION for Leave to File PLAINTIFFS MERIAL LIMITED AND MERIAL SASS RESPONSE TO DEFENDANTS REQUEST FOR SECURITY BOND AND EXHIBITS THERETO UNDER SEAL by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/27/2012)

2012-07-27

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RESPONSE to Court Order re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 53 Motion for Miscellaneous Relief, Brief,, (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/27/2012)

2012-07-27

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JOINT SUBMISSION ON PRETRIAL SCHEDULE by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/30/2012 (ggs). (Entered: 07/27/2012)

2012-07-27

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***Sealed Document RESPONSE TO MOTION re 53 Motion for Security Bond filed by Merial Limited, Merial SAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(ggs) (Entered: 07/30/2012)

2012-07-30

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Amended Order for Pretrial Conference / Pretrial Schedule - Pretrial Conference set for 10/22/2012 09:30 AM in Columbus before Judge Clay D. Land. Ordered by Judge Clay D. Land on 7/30/2012. (esl) (Entered: 07/30/2012)

2012-07-30

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This is a text only entry; no document issued. ORDER granting 56 Motion for Leave to File Plaintiffs' Response Under Seal. Ordered by Judge Clay D. Land on 7/30/2012 (esl)

2012-07-30

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MOTION to Seal Document(s) 53 Motion for Miscellaneous Relief, Brief,, by FIDOPHARM INC, VELCERA INC filed by MICHAEL S FRENCH. (Attachments: # 1 Exhibit 1 to Motion for Leave to File Reply Brief in Support of Motion for Security Bond Under Seal - PUBLIC VERSION Redacted Reply Brief in Support of Motion for Security Bond and Exhibit A - Redacted Supplemental Steadman Declaration)(FRENCH, MICHAEL) (Entered: 07/31/2012)

2012-07-31

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FILED IN ERROR - NOT SIGNED BY JUDGE- DISREGARD STIPULATION Regarding Bifurcation and Discovery by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 8/1/2012 (ggs). Modified on 8/1/2012 (ggs). (Entered: 07/31/2012)

2012-07-31

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***Sealed Document REPLY to Response filed by FIDOPHARM INC, VELCERA INC re 53 Motion for Miscellaneous Relief, Brief. (Attachments: # 1 Supplemental Steadman Declaration)(ggs) (Entered: 08/01/2012)

2012-08-01

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STIPULATION AND ORDER Regarding Bifurcation and Discovery. Ordered by Hon. Clay D. Land 8/1/2012. (ggs) (Entered: 08/01/2012)

2012-08-01

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This is a text only entry; no document issued. ORDER granting 61 Motion to Seal Defendants' reply brief in support of motion for security bond. Ordered by Judge Clay D. Land on 8/1/2012 (pgs)

2012-08-01

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Order for Pretrial Conference. Pretrial Conference set for 10/22/2012 09:30 AM in Columbus before Judge Clay D. Land. Ordered by Judge Clay D. Land on 8/2/2012. (Attachments: # 1 Required Form Proposed Pretrial Order)(pgs) (Entered: 08/02/2012)

2012-08-02

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MOTION for Leave to File Plaintiffs Merial Limited and Merial SASs Motion to Strike Defendants Reply Brief in Support of Its Request for Security or, in the Alternative, for Leave to File a Surreply and Incorporated Memorandum Under Seal and Incorporated Memorandum of Law by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(HOWELL, MATTHEW) (Entered: 08/02/2012)

2012-08-02

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MOTION (REDACTED) to Strike 63 Sealed Document, Reply to Response to Motion, MOTION for Leave to File a Surreply in the Alternative (Redacted Public version) by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(HOWELL, MATTHEW) Modified on 8/3/2012 (ggs). (Entered: 08/02/2012)

2012-08-02

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NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/22/2012 09:30 AM in Columbus before Judge Clay D. Land. (pgs)

2012-08-02

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NOTICE of SETTING Hearing. Jury Trial set for 11/5/2012 09:00 AM in ATHENS before Judge Clay D. Land. (pgs)

2012-08-02

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SEALED MOTION, MOTION to Strike Defendant's Reply Brief re 53 Motion for Security Bond, or in the Alternative, for Leave to File a Surreply by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL.(ggs) (Entered: 08/03/2012)

2012-08-03

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RESPONSE filed by FIDOPHARM INC, VELCERA INC re 68 SEALED MOTIONMOTION to Strike 53 Motion for Miscellaneous Relief, Brief,,MOTION for Leave to File Surreply (Attachments: # 1 Exhibit A)(FRENCH, MICHAEL) (Entered: 08/03/2012)

2012-08-03

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This is a text only entry; no document issued. ORDER granting 66 Motion for Leave to File UNDER SEAL Plaintiffs' motion to strike. Ordered by Judge Clay D. Land on 8/3/2012 (pgs)

2012-08-03

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ANSWER to 48 Answer to Complaint, Counterclaim by Merial Limited, Merial SAS.(HOWELL, MATTHEW) (Entered: 08/06/2012)

2012-08-06

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MOTION to Stay Case Deadlines by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC filed by J Patrick Elsevier.(Elsevier, J) (Entered: 08/10/2012)

2012-08-10

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This is a text only entry; no document issued. ORDER granting 71 Motion to Stay. The deadlines in this case are stayed for 14 days. The parties shall file a report informing the Court of the status of the settlement within 21 days of today's order.Ordered by Judge Clay D. Land on August 13, 2012 (CDL)

2012-08-13

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STIPULATION of Dismissal by FIDOPHARM INC, VELCERA INC (FRENCH, MICHAEL) (Entered: 09/04/2012)

2012-09-04

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STATUS REPORT by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (COUNCILL, PAMELA) (Entered: 09/04/2012)

2012-09-04

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Overview

Parties

Defendant

FIDOPHARM INC Follow

Represented By

VELCERA INC Follow

Represented By

Plaintiff

MERIAL SAS Follow

Represented By

MERIAL LIMITED Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Summons Issued as to VELCERA INC on 6/5/2012. (ggs) (Entered: 06/05/2012)

Summons Issued as to FIDOPHARM INC on 6/5/2012. (ggs) (Entered: 06/05/2012)

AO120, Report on the Filing or Determination of an Action Regarding a Patent or Trademark. Forwarded this date, by virtue of this notice, to the Commissioner of Patents and Trademarks, Washington, DC. (ggs) (Entered: 06/05/2012)

Judge Clay D. Land added. (ggs)

NOTICE of Hearing by Merial Limited, Merial SAS re Order,,, (HOWELL, MATTHEW) (Entered: 06/06/2012)

NOTICE of SETTING Hearing. TRO and Preliminary Injunction Hearing set for 6/21/2012 at 09:00 AM in Columbus before Judge Clay D. Land. (pgs)

Email sent to Attorney Pamela Councill regarding the Court's attorney admission requirements. (nop)

NOTICE of Attorney Appearance by THOMAS F GRISTINA on behalf of FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/07/2012)

Summons Reissued as to VELCERA INC. (ggs) (Entered: 06/11/2012)

Summons Reissued as to FIDOPHARM INC. (ggs) (Entered: 06/11/2012)

MOTION for Leave to File Excess Pages for Response to Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 06/11/2012)

MOTION for Leave to File Excess Pages for Reply Brief to Defendants' Response in Opposition to Motion for Preliminary Injunction by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 06/15/2012)

PRO HAC VICE FEE Paid by DAVID R GODOFSKY $100, receipt #1379277 - admitted pro hac vice as of 6/15/2012. (nop)

This is a text only entry; no document issued. ORDER granting 12 Motion for Leave to File Excess Pages. Plaintiffs' reply brief shall not exceed 20 pages. Ordered by Judge Clay D. Land on 06/18/2012. (CGC)

STIPULATION by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/19/2012)

NOTICE of Attorney Appearance by MICHAEL WOLAK, III on behalf of FIDOPHARM INC, VELCERA INC (WOLAK, MICHAEL) (Entered: 06/19/2012)

MOTION to Strike 13 Reply to Response to Motion,, by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 06/19/2012)

STIPULATION by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/19/2012)

PRO HAC VICE FEE Paid by EIMERIC REIG PLESSIS $100, receipt #1380349 - admitted pro hac vice as of 6/18/2012. (nop)

NOTICE In Response to June 20 Text Order by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/20/2012)

NOTICE of Response To The Court's June 20, 2012 Text Order by Merial Limited, Merial SAS (Cox, John) (Entered: 06/20/2012)

NOTICE of Filing Declaration by FIDOPHARM INC, VELCERA INC (Attachments: # 1 Affidavit Murphy Declaration)(GRISTINA, THOMAS) (Entered: 06/20/2012)

TRIAL BRIEF by Merial Limited, Merial SAS (Attachments: # 1 Certificate of Service)(COUNCILL, PAMELA) (Entered: 06/22/2012)

Minute Entry for proceedings held before Judge Clay D. Land: DAY 1 - Motion Hearing held on 6/21/2012 re 5 MOTION for Temporary Restraining OrderMOTION for Preliminary InjunctionMOTION for Hearing filed by Merial SAS, Merial Limited (Court Reporter Betsy Peterson.) (esl) (Entered: 06/25/2012)

SUMMONS Returned Executed by Merial Limited, Merial SAS as to FIDOPHARM INC. (HOWELL, MATTHEW) (Entered: 06/25/2012)

SUMMONS Returned Executed by Merial Limited, Merial SAS as to VELCERA INC. (HOWELL, MATTHEW) (Entered: 06/25/2012)

Proposed Findings of Fact by Merial Limited, Merial SAS (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 06/25/2012)

Proposed Findings of Fact by FIDOPHARM INC, VELCERA INC(GRISTINA, THOMAS) (Entered: 06/25/2012)

AMENDED DOCUMENT by FIDOPHARM INC, VELCERA INC,amending 27 Proposed Findings of Fact (GRISTINA, THOMAS) (Entered: 06/25/2012)

NOTICE of RESETTING Hearing (TIME CHANGE ONLY) - Pretrial Conference set for 10/2/2012 09:00 AM in Athens before Judge Clay D. Land. (esl)

NOTICE of DEADLINE: Parties shall electronically submit a Proposed Scheduling Order no later than 7/13/2012. Ordered by Judge Clay D. Land on 6/22/2012. (esl)

STIPULATION re 1 Complaint, by FIDOPHARM INC, VELCERA INC (GRISTINA, THOMAS) (Entered: 06/27/2012)

ORDER granting 5 Motion for Preliminary Injunction. Ordered by Judge Clay D. Land on 06/29/2012. (CGC) (Entered: 06/29/2012)

Arbitration Referral Letter sent 7/2/2012 (hrm) (Entered: 07/02/2012)

MOTION to Stay Preliminary Injunction re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA.(GRISTINA, THOMAS) (Entered: 07/02/2012)

RESPONSE filed by Merial Limited, Merial SAS re 36 MOTION to Stay Preliminary Injunction re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction (Cox, John) (Entered: 07/03/2012)

NOTICE OF APPEAL as to 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction by FIDOPHARM INC, VELCERA INC. Filing fee $ 455, Receipt No.: 113G-1390630. (GRISTINA, THOMAS) (Entered: 07/03/2012)

This is a text only entry; no document issued. ORDER denying 36 Motion to Stay. For reasons similar to those supporting the issuance of the preliminary injunction, Defendants' Motion for stay is denied.Ordered by Judge Clay D. Land on July 3, 2012 (CDL)

***Arbitration Opt Out Letter by Defendants (GRISTINA, THOMAS) (Entered: 07/05/2012)

Remark: Appeal packet e-mailed to the US Court of Appeals for the Federal Circuit. Packed included the Notice of Appeals, Certified Copy of the Docket Sheet and the Order being appealed. (ggs)

NOTICE of Docketing U.S. Court of Appeals for the Federal Circuit case No. 12-1505, re 38 Notice of Appeal. (Attachments: # 1 Official Caption of case)(ggs) (Entered: 07/09/2012)

***Arbitration Opt Out Letter by Plaintiffs (Smith, Frank) (Entered: 07/09/2012)

STIPULATION - Joint Sipulation regarding use of documents and other materials from related cases by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/13/2012 (ggs). (Entered: 07/12/2012)

STIPULATION by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW)***SPOKE WITH ATTORNEY HOWELL VIA TELEPHONE AND REQUESTED THAT HE E-MAIL THE PROPOSED ORDER TO THE CLERK'S OFFICE FOR FORWARDING TO THE JUDGE FOR SIGNATURE*** Modified on 7/13/2012 (ggs). (Entered: 07/12/2012)

Proposed Amended Scheduling/Discovery Order Received and forwarded to Chambers (ggs)

STIPULATED PROTECTIVE ORDER Ordered by Judge Clay D. Land on 7/13/2012. (ggs) (Entered: 07/13/2012)

STATUS REPORT by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/13/2012)

MOTION for Accommodation re 45 Status Report, by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/13/2012)

MOTION to Seal Document(s) by FIDOPHARM INC, VELCERA INC filed by THOMAS F GRISTINA. (Attachments: # 1 Exhibit 1)(GRISTINA, THOMAS) (Entered: 07/13/2012)

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against All Plaintiffs by FIDOPHARM INC, VELCERA INC.(GRISTINA, THOMAS) (Entered: 07/13/2012)

RESPONSE filed by FIDOPHARM INC, VELCERA INC re 46 MOTION for Accommodation re 45 Status Report, (GRISTINA, THOMAS) (Entered: 07/14/2012)

MOTION to Bifurcate, MOTION to Stay Defendants' Antitrust Counterclaim by Merial Limited, Merial SAS filed by PAMELA H COUNCILL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(COUNCILL, PAMELA) (Entered: 07/16/2012)

STATUS REPORT by FIDOPHARM INC, VELCERA INC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(GRISTINA, THOMAS) (Entered: 07/17/2012)

STATUS REPORT by Merial Limited, Merial SAS (HOWELL, MATTHEW) (Entered: 07/17/2012)

This is a text only entry; no document issued. ORDER granting 47 Motion to Seal Document. Ordered by Judge Clay D. Land on 7/17/2012 (pgs)

RESPONSE TO COURT ORDER - JOINT SUBMISSION ON PRETRIAL SCHEDULE by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/23/2012 (ggs). (Entered: 07/20/2012)

NOTICE Of Joint Submission On Claim Construction by FIDOPHARM INC, VELCERA INC re 54 Status Report (GRISTINA, THOMAS) (Entered: 07/23/2012)

MOTION for Leave to File PLAINTIFFS MERIAL LIMITED AND MERIAL SASS RESPONSE TO DEFENDANTS REQUEST FOR SECURITY BOND AND EXHIBITS THERETO UNDER SEAL by Merial Limited, Merial SAS filed by MATTHEW WOLFF HOWELL. (Attachments: # 1 Certificate of Service)(HOWELL, MATTHEW) (Entered: 07/27/2012)

JOINT SUBMISSION ON PRETRIAL SCHEDULE by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 7/30/2012 (ggs). (Entered: 07/27/2012)

***Sealed Document RESPONSE TO MOTION re 53 Motion for Security Bond filed by Merial Limited, Merial SAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(ggs) (Entered: 07/30/2012)

Amended Order for Pretrial Conference / Pretrial Schedule - Pretrial Conference set for 10/22/2012 09:30 AM in Columbus before Judge Clay D. Land. Ordered by Judge Clay D. Land on 7/30/2012. (esl) (Entered: 07/30/2012)

This is a text only entry; no document issued. ORDER granting 56 Motion for Leave to File Plaintiffs' Response Under Seal. Ordered by Judge Clay D. Land on 7/30/2012 (esl)

***FILED IN ERROR - NOT SIGNED BY JUDGE- DISREGARD*** STIPULATION Regarding Bifurcation and Discovery by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 8/1/2012 (ggs). Modified on 8/1/2012 (ggs). (Entered: 07/31/2012)

***Sealed Document REPLY to Response filed by FIDOPHARM INC, VELCERA INC re 53 Motion for Miscellaneous Relief, Brief. (Attachments: # 1 Supplemental Steadman Declaration)(ggs) (Entered: 08/01/2012)

FIDOPHARM INC

VELCERA INC

MERIAL SAS

MERIAL LIMITED

STIPULATION by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW)SPOKE WITH ATTORNEY HOWELL VIA TELEPHONE AND REQUESTED THAT HE E-MAIL THE PROPOSED ORDER TO THE CLERK'S OFFICE FOR FORWARDING TO THE JUDGE FOR SIGNATURE Modified on 7/13/2012 (ggs). (Entered: 07/12/2012)

FILED IN ERROR - NOT SIGNED BY JUDGE- DISREGARD STIPULATION Regarding Bifurcation and Discovery by FIDOPHARM INC, Merial Limited, Merial SAS, VELCERA INC (HOWELL, MATTHEW) Modified on 8/1/2012 (ggs). Modified on 8/1/2012 (ggs). (Entered: 07/31/2012)