Upsher-Smith Laboratories, Inc. v. Glenmark Pharmaceuticals Limited

Application Number	Patent Number	External Links
-	US8652527	Espacenet Google Patents
-	US8889190	Espacenet Google Patents
-	US9101545	Espacenet Google Patents
-	US9555005	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT filed against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2150251.) - filed by Upsher-Smith Laboratories, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(lmm) (Entered: 05/30/2017)

2017-05-26

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lmm) (Entered: 05/30/2017)

2017-05-26

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Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: April 13, 2017. Date of Expiration of Patent: see attached. Thirty Month Stay Deadline: 10/13/2019. (lmm) (Entered: 05/30/2017)

2017-05-26

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,652,527; 8,889,190; 9,101,545; 9,555,005. (lmm) (Entered: 05/30/2017)

2017-05-26

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Upsher-Smith Laboratories, Inc. (lmm) (Entered: 05/30/2017)

2017-05-26

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Summons Issued with Magistrate Consent Notice attached as to Glenmark Pharmaceuticals Inc., USA on 5/30/2017; Glenmark Pharmaceuticals Limited on 5/30/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lmm)

2017-05-26

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No Actions

Summons Issued

2017-05-30

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No Actions

Remark: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb)

2017-05-31

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No Actions

Case Referred to Magistrate Judge (Vacant Judgeship 2017)

2017-05-31

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No Actions

Case Assigned (Vacant Judgeship 2017)

2017-05-31

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No Actions

Remark

2017-05-31

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No Actions

Remark re Newer Attorneys

2017-05-31

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No Actions

Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)

2017-05-31

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No Actions

CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb)

2017-05-31

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No Actions

REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb)

2017-05-31

1

No Actions

Remark: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb)

2017-05-31

1

No Actions

Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 06/15/2017)

2017-06-15

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SO ORDERED D.I. 6 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 6/15/2017. (dlb)

2017-06-15

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No Actions

~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-06-15

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No Actions

SO ORDERED D.I. 6 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 6/15/2017. (dlb)

2017-06-15

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No Actions

STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 07/12/2017)

2017-07-12

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SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 7/17/2017. (dlb)

2017-07-17

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No Actions

~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-07-17

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No Actions

SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 7/17/2017. (dlb)

2017-07-17

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No Actions

MOTION for Pro Hac Vice Appearance of Attorney William Rakoczy, Esq. and Anuj K. Wadhwa, Esq. - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Attachments: # 1 Certification of William A. Rakoczy, Esq., # 2 Certification of Anuj K. Wadhwa, Esq/, # 3 Certificate of Service)Motions referred to Christopher J. Burke.(Poff, Adam) (Entered: 08/10/2017)

2017-08-10

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SO ORDERED

2017-08-25

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No Actions

SO ORDERED D.I. 8 MOTION for Pro Hac Vice Appearance of Attorney William Rakoczy, Esq. and Anuj K. Wadhwa, Esq. filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 8/25/2017. (dlb)

2017-08-25

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No Actions

Add Attorneys - PHV only

2017-08-29

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Pro Hac Vice Attorney Anuj K. Wadhwa,William A. Rakoczy for Glenmark Pharmaceuticals Inc., USA, and for Glenmark Pharmaceuticals Limited added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-08-29

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No Actions

MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Daniel O'Boyle - filed by Upsher-Smith Laboratories, Inc.. (Attachments: # 1 Certifications for Filko Prugo and Daniel O'Boyle)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 09/14/2017)

2017-09-14

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NOTICE of Appearance (Lisa B. Pensabene) by Upsher-Smith Laboratories, Inc. (Silver, Daniel) (Entered: 09/14/2017)

2017-09-14

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SO ORDERED

2017-09-15

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No Actions

SO ORDERED D.I. 9 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Daniel O'Boyle filed by Upsher-Smith Laboratories, Inc.. Signed by Judge Christopher J. Burke on 9/15/2017. (dlb)

2017-09-15

1

No Actions

Add Attorneys - PHV only

2017-09-19

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No Actions

Pro Hac Vice Attorney Daniel O'Boyle for Upsher-Smith Laboratories, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

2017-09-19

1

No Actions

Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to December 15, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 10/05/2017)

2017-10-05

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SO ORDERED AND ~Util - Set/Reset Answer Deadline

2017-10-05

1

No Actions

SO ORDERED D.I. 11 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to December 15, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 10/5/2017. (dlb)

2017-10-05

1

No Actions

Add Attorneys - PHV only

2017-10-06

1

No Actions

Pro Hac Vice Attorney Filko Prugo for Upsher-Smith Laboratories, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-10-06

1

No Actions

STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to February 13, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 12/04/2017)

2017-12-04

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SO ORDERED AND ~Util - Set/Reset Answer Deadline

2017-12-04

1

No Actions

SO ORDERED D.I. 12 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to February 13, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 12/4/2017. (dlb)

2017-12-04

1

No Actions

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to March 15, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 02/08/2018)

2018-02-08

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SO ORDERED, D.I. 13 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to March 15, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 2/9/2018. (dlb)

2018-02-09

1

No Actions

NOTICE of Change of Address by Daniel M. Silver (Silver, Daniel) (Entered: 02/13/2018)

2018-02-13

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STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to April 16, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 03/08/2018)

2018-03-08

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SO ORDERED AND ~Util - Set/Reset Answer Deadline

2018-03-09

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No Actions

SO ORDERED D.I. 15 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to April 16, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 3/9/2018. (dlb)

2018-03-09

1

No Actions

STIPULATION of Dismissal by Upsher-Smith Laboratories, Inc.. (Silver, Daniel) (Entered: 03/27/2018)

2018-03-27

1

Download

Terminate Case - Civil

2018-04-02

1

No Actions

SO ORDERED

2018-04-02

1

No Actions

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,652,527 ;8,889,190 ;9,101,545 ;9,555,005. (dlb) (Entered: 05/10/2018)

2018-05-10

1

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Overview

Parties

Defendant

Glenmark Pharmaceuticals Inc., USA Follow

Represented By

Glenmark Pharmaceuticals Limited Follow

Represented By

Plaintiff

Upsher-Smith Laboratories, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lmm) (Entered: 05/30/2017)

Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: April 13, 2017. Date of Expiration of Patent: see attached. Thirty Month Stay Deadline: 10/13/2019. (lmm) (Entered: 05/30/2017)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,652,527; 8,889,190; 9,101,545; 9,555,005. (lmm) (Entered: 05/30/2017)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Upsher-Smith Laboratories, Inc. (lmm) (Entered: 05/30/2017)

Summons Issued

Case Referred to Magistrate Judge (Vacant Judgeship 2017)

Case Assigned (Vacant Judgeship 2017)

Remark

Remark re Newer Attorneys

Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)

Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 06/15/2017)

SO ORDERED D.I. 6 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 6/15/2017. (dlb)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED D.I. 6 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to July 17, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 6/15/2017. (dlb)

STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 07/12/2017)

SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 7/17/2017. (dlb)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED D.I. 7 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint to October 16, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 7/17/2017. (dlb)

SO ORDERED

SO ORDERED D.I. 8 MOTION for Pro Hac Vice Appearance of Attorney William Rakoczy, Esq. and Anuj K. Wadhwa, Esq. filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 8/25/2017. (dlb)

Add Attorneys - PHV only

MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Daniel O'Boyle - filed by Upsher-Smith Laboratories, Inc.. (Attachments: # 1 Certifications for Filko Prugo and Daniel O'Boyle)Motions referred to Christopher J. Burke.(Silver, Daniel) (Entered: 09/14/2017)

NOTICE of Appearance (Lisa B. Pensabene) by Upsher-Smith Laboratories, Inc. (Silver, Daniel) (Entered: 09/14/2017)

SO ORDERED

SO ORDERED D.I. 9 MOTION for Pro Hac Vice Appearance of Attorney Filko Prugo and Daniel O'Boyle filed by Upsher-Smith Laboratories, Inc.. Signed by Judge Christopher J. Burke on 9/15/2017. (dlb)

Add Attorneys - PHV only

Pro Hac Vice Attorney Daniel O'Boyle for Upsher-Smith Laboratories, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to December 15, 2017 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 10/05/2017)

SO ORDERED AND ~Util - Set/Reset Answer Deadline

SO ORDERED D.I. 11 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to December 15, 2017 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 10/5/2017. (dlb)

Add Attorneys - PHV only

Pro Hac Vice Attorney Filko Prugo for Upsher-Smith Laboratories, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to February 13, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 12/04/2017)

SO ORDERED AND ~Util - Set/Reset Answer Deadline

SO ORDERED D.I. 12 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiff's Complaint to February 13, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 12/4/2017. (dlb)

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to March 15, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 02/08/2018)

SO ORDERED, D.I. 13 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to March 15, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 2/9/2018. (dlb)

NOTICE of Change of Address by Daniel M. Silver (Silver, Daniel) (Entered: 02/13/2018)

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to April 16, 2018 - filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. (Poff, Adam) (Entered: 03/08/2018)

SO ORDERED AND ~Util - Set/Reset Answer Deadline

SO ORDERED D.I. 15 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to April 16, 2018 filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Limited. Ordered by Judge Christopher J. Burke on 3/9/2018. (dlb)

STIPULATION of Dismissal by Upsher-Smith Laboratories, Inc.. (Silver, Daniel) (Entered: 03/27/2018)

Terminate Case - Civil

SO ORDERED

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,652,527 ;8,889,190 ;9,101,545 ;9,555,005. (dlb) (Entered: 05/10/2018)

Track Case Updates

Glenmark Pharmaceuticals Inc., USA

Glenmark Pharmaceuticals Limited

Upsher-Smith Laboratories, Inc.