Vivelle Ventures LLC v. Mylan Technologies, Inc.

COMPLAINT against Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc.. (Filing Fee $ 350.00, Receipt Number 930106)Document filed by Vivelle Ventures LLC, Noven Pharmaceuticals, Inc., Novartis Pharmaceuticals Corporation.(rdz) (Additional attachment(s) added on 2/23/2011: # 1 Exhibit, # 2 Exhibit) (rdz). (Entered: 02/23/2011)

2011-02-22

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COMPLAINT against Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc.. (Filing Fee $ 350.00, Receipt Number 930106)Document filed by Vivelle Ventures LLC, Noven Pharmaceuticals, Inc., Novartis Pharmaceuticals Corporation.(rdz) (Additional attachment(s) added on 2/23/2011: # 1 Exhibit, # 2 Exhibit) (rdz). (Entered: 02/23/2011)

2011-02-22

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COMPLAINT against Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc.. (Filing Fee $ 350.00, Receipt Number 930106)Document filed by Vivelle Ventures LLC, Noven Pharmaceuticals, Inc., Novartis Pharmaceuticals Corporation.(rdz) (Additional attachment(s) added on 2/23/2011: # 1 Exhibit, # 2 Exhibit) (rdz). (Entered: 02/23/2011)

2011-02-22

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Novartis AG, Novartis Pharmaceuticals Corporation, Vivelle Ventures LLC as Corporate Parent. Document filed by Novartis Pharmaceuticals Corporation.(rdz) (Entered: 02/23/2011)

2011-02-22

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Noven Pharmaceuticals, Inc., Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Hisamitsu Pharmaceutical Company, Inc., Novartis AG as Corporate Parent. Document filed by Vivelle Ventures LLC.(rdz) (Entered: 02/23/2011)

2011-02-22

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hisamitsu Pharmaceutical Company, Inc., Nikkei Index, Noven Pharmaceuticals, Inc. as Corporate Parent. Document filed by Noven Pharmaceuticals, Inc..(rdz) (Entered: 02/23/2011)

2011-02-22

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ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/2/2011 at 12:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/9/2011) (jmi) (Entered: 03/10/2011)

2011-03-09

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NOTICE OF APPEARANCE by Ron Eleaser Shulman on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Shulman, Ron) (Entered: 03/14/2011)

2011-03-14

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NOTICE OF APPEARANCE by Jessica Leigh Margolis on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Margolis, Jessica) (Entered: 03/14/2011)

2011-03-14

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mylan, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

2011-03-15

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Mylan, Inc. as Corporate Parent. Document filed by Mylan Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

2011-03-15

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Mylan, Inc. as Corporate Parent. Document filed by Mylan Technologies, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

2011-03-15

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FILING ERROR - DEFICIENT DOCKET ENTRY: WRONG PARTIES SELECTED AS COUNTER DEFENDANTS (SEE DOCKET ENTRY NO. 12 ) - ANSWER to Complaint., COUNTERCLAIM against Mylan Pharmaceuticals, Inc., Mylan, Inc., Mylan Technologies, Inc.. Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc., Mylan Technologies, Inc.. (Attachments: # 1 Affidavit of Service)(Margolis, Jessica) Modified on 3/16/2011 (kkc). (Entered: 03/15/2011)

2011-03-15

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MOTION for Joshua A. Mack to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 03/21/2011)

2011-03-15

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ANSWER to Complaint., COUNTERCLAIM against Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC. Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc., Mylan Technologies, Inc.. (Attachments: # 1 Affidavit of Service)(Margolis, Jessica) (Entered: 03/16/2011)

2011-03-16

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NOTICE OF APPEARANCE by Terrence J.P. Kearney on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Kearney, Terrence) (Entered: 03/22/2011)

2011-03-22

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ORDER granting 13 Motion for Joshua A. Mack to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 3/23/2011) (mbe) (Entered: 03/24/2011)

2011-03-23

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NOTICE OF APPEARANCE by Joshua Alan Mack on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Mack, Joshua) (Entered: 03/29/2011)

2011-03-29

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ANSWER to Counterclaim. Document filed by Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC.(Barr, David) (Entered: 04/06/2011)

2011-04-06

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WITHDRAWAL OF NOTICE OF APPEARANCE OF TERRY KEARNEY: Please take notice that the undersigned counsel Terry Kearney hereby withdraws his appearance on behalf of Defendants Mylan Technologies Inc., Mylan Pharmaceuticals Inc. and Mylan Inc. in the above captioned action After today, the undersigned will no longer be affiliated with the firm Wilson Sonsini Goodrich & Rosati, by whom Defendants are still represented in this Action, Defendants answered the Complaint and filed Counterclaims on March 15, 2011, and the Action is presently scheduled for an initial pre-trial conference on June 2, 2011. Jessica L. Margolis and Joshua A. Mack from the firm Wilson Sonsini Goodrich & Rosati, both of whom have entered notices of appearances in this Action, will continue to represent Defendants. (Signed by Judge William H. Pauley, III on 4/14/2011) (js) (Entered: 04/15/2011)

2011-04-14

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WITHDRAWAL OF NOTICE OF APPEARANCE OF RON E. SHULMAN: Please take notice that the undersigned counsel Ron E. Shulman hereby withdraws his appearance on behalf of defendants Mylan Technologies Inc. Mylan Pharmaceuticals Inc. and Mylan Inc. in the above captioned action after today, the undersigned will no longer be affiliated with the Firm Wilson Sonsini Godrich & Rosati, by whom Defendants are still represented in this Action. Defendants answered the Complaint and filed Counterclaims on March 15, 2011, and the Action is presently scheduled for an initial pre-trial conference on June 2, 2011. Jessica 1. Margolis and Joshua A. Mack from the firm Wilson Sonsini Goodrich & Rosati, both of whom have entered notices of appearances in this Action, will continue to represent Defendants. (Signed by Judge William H. Pauley, III on 4/6/2011) (js) (Entered: 04/15/2011)

2011-04-14

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MOTION for Tung-On Kong to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 04/19/2011)

2011-04-15

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MOTION for Larry L. Shatzer to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 04/29/2011)

2011-04-26

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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 20 Motion for Tung-On Kong to Appear Pro Hac Vice on behalf of defendants Mylan Technologies Inc., Mylan Pharmaceuticals Inc., and Mylan Inc. (Signed by Judge William H. Pauley, III on 4/27/11) (djc) (Entered: 04/28/2011)

2011-04-27

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MOTION for Veronica S. Ascarrunz to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 05/02/2011)

2011-04-27

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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 22 Motion for Larry L. Shatzer to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/6/2011) (js) (Entered: 05/09/2011)

2011-05-06

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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 23 Motion for Veronica S. Ascarrunz to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/6/11) (js) (Entered: 05/09/2011)

2011-05-06

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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc., Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC.(Barr, David) (Entered: 05/26/2011)

2011-05-26

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SCHEDULING ORDER: The initial pretrial conference originally scheduled for June 2, 2011 is rescheduled for June 16, 2011 at 3:30 pm. (Signed by Judge William H. Pauley, III on 6/6/2011) (jpo) (Entered: 06/07/2011)

2011-06-06

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SCHEDULING ORDER: Fact depositions are limited to 10 for each side (7 hours in length absent agreement of the parties). Expert Depositions shall not exceed 14 hours in length. The number of interrogatories is limited to 20 for each side. The number of requests for admission is limited to 30 per side (not including requests for admission regarding the authenticity of documents). Defendants' ANDA will be produced on June 16, 2011. The Parties shall exchange initial disclosures on June 24, 2011. On August 15, 2011, Defendants shall serve interrogatories as to which patent claims Plaintiffs intend to assert. Plaintiffs shall respond by September 14, 2011. The Parties shall serve contention interrogatories on September 14, 2011. The Parties shall exchange claim terms believed to require construction by the Court by September 23, 2011. The Parties shall exchange preliminary proposed constructions and extrinsic evidence by October 21, 2011. The Parties shall file a Joint Claim Construction Chart by November 16, 2011. Production of documents shall be substantially completed by December 15, 2011. The parties agree that document requests will be timely served so as to permit adherence to this deadline. Motions for Amending Pleadings and/or Adding Parties shall be filed by December 22, 2011. The Parties shall file opening briefs on Claim Construction ("Markman") by December 19, 2011. The Parties shall file opposition briefs on Markman by February 3, 2012. A Markman hearing, preceded by a tutorial on the relevant technology, will be held on February 29, 2012 at 10:00 am. The close of Fact Discovery shall be on March 30, 2012. (Signed by Judge William H. Pauley, III on 6/22/2011) (jfe) (Entered: 06/23/2011)

2011-06-22

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ORDER: Pursuant to the request of all parties to the above-captioned action, the October 21, 2011 date for the parties' exchange of preliminary proposed constructions and extrinsic evidence, as set forth in the Court's June 22, 2011 Scheduling Order (D.I. 28), is hereby adjourned. The parties will jointly report to the Court on the status of this action by November 14, 2011, including on any proposed revisions to the case schedule. (Signed by Judge William H. Pauley, III on 10/26/2011) (pl) Modified on 10/27/2011 (pl). (Entered: 10/27/2011)

2011-10-27

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NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge William H. Pauley, III is no longer assigned to the case. (pgu) (Entered: 11/15/2011)

2011-11-15

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STIPULATION AND ORDER. It is hereby stipulated and agreed that: (1) The action among the above-named parties is stayed for ninety (90) days to permit review of the settlement agreement by certain government authorities; and (2) If a stipulation of dismissal has not been filed within ninety (90) days, the parties shall contact the Court to report on the status of the settlement, by letter on Feb. 23, 2012. (Signed by Judge Katherine B. Forrest on 11/23/2011 as modified) (rjm) Modified on 11/23/2011 (rjm). (Entered: 11/23/2011)

2011-11-23

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ORDER; The parties' Proposed Stipulation and Order of Dismissal is SO ORDERED. The Court of the Clerk is directed to close this case. (Signed by Judge Katherine B. Forrest on 12/23/2011) (jp) (Entered: 12/23/2011)

2011-12-23

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Overview

Parties

Defendant

Mylan Technologies, Inc. Follow

Represented By

Novartis Pharmaceuticals Corporation Follow

Represented By

Plaintiff

Noven Pharmaceuticals, Inc. Follow

Represented By

Vivelle Ventures LLC Follow

Represented By

Counter Claimant

Mylan, Inc. Follow

Represented By

Mylan Pharmaceuticals, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Novartis AG, Novartis Pharmaceuticals Corporation, Vivelle Ventures LLC as Corporate Parent. Document filed by Novartis Pharmaceuticals Corporation.(rdz) (Entered: 02/23/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Noven Pharmaceuticals, Inc., Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Hisamitsu Pharmaceutical Company, Inc., Novartis AG as Corporate Parent. Document filed by Vivelle Ventures LLC.(rdz) (Entered: 02/23/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hisamitsu Pharmaceutical Company, Inc., Nikkei Index, Noven Pharmaceuticals, Inc. as Corporate Parent. Document filed by Noven Pharmaceuticals, Inc..(rdz) (Entered: 02/23/2011)

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/2/2011 at 12:15 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/9/2011) (jmi) (Entered: 03/10/2011)

NOTICE OF APPEARANCE by Ron Eleaser Shulman on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Shulman, Ron) (Entered: 03/14/2011)

NOTICE OF APPEARANCE by Jessica Leigh Margolis on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Margolis, Jessica) (Entered: 03/14/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mylan, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Mylan, Inc. as Corporate Parent. Document filed by Mylan Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Mylan, Inc. as Corporate Parent. Document filed by Mylan Technologies, Inc.. (Attachments: # 1 Affidavit)(Margolis, Jessica) (Entered: 03/15/2011)

MOTION for Joshua A. Mack to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 03/21/2011)

ANSWER to Complaint., COUNTERCLAIM against Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC. Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc., Mylan Technologies, Inc.. (Attachments: # 1 Affidavit of Service)(Margolis, Jessica) (Entered: 03/16/2011)

NOTICE OF APPEARANCE by Terrence J.P. Kearney on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Kearney, Terrence) (Entered: 03/22/2011)

ORDER granting 13 Motion for Joshua A. Mack to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 3/23/2011) (mbe) (Entered: 03/24/2011)

NOTICE OF APPEARANCE by Joshua Alan Mack on behalf of Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc. (Mack, Joshua) (Entered: 03/29/2011)

ANSWER to Counterclaim. Document filed by Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC.(Barr, David) (Entered: 04/06/2011)

MOTION for Tung-On Kong to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 04/19/2011)

MOTION for Larry L. Shatzer to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 04/29/2011)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 20 Motion for Tung-On Kong to Appear Pro Hac Vice on behalf of defendants Mylan Technologies Inc., Mylan Pharmaceuticals Inc., and Mylan Inc. (Signed by Judge William H. Pauley, III on 4/27/11) (djc) (Entered: 04/28/2011)

MOTION for Veronica S. Ascarrunz to Appear Pro Hac Vice. Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc..(mbe) (Entered: 05/02/2011)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 22 Motion for Larry L. Shatzer to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/6/2011) (js) (Entered: 05/09/2011)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 23 Motion for Veronica S. Ascarrunz to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 5/6/11) (js) (Entered: 05/09/2011)

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Mylan Pharmaceuticals, Inc., Mylan Technologies, Inc., Mylan, Inc., Novartis Pharmaceuticals Corporation, Noven Pharmaceuticals, Inc., Vivelle Ventures LLC.(Barr, David) (Entered: 05/26/2011)

SCHEDULING ORDER: The initial pretrial conference originally scheduled for June 2, 2011 is rescheduled for June 16, 2011 at 3:30 pm. (Signed by Judge William H. Pauley, III on 6/6/2011) (jpo) (Entered: 06/07/2011)

NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge William H. Pauley, III is no longer assigned to the case. (pgu) (Entered: 11/15/2011)

ORDER; The parties' Proposed Stipulation and Order of Dismissal is SO ORDERED. The Court of the Clerk is directed to close this case. (Signed by Judge Katherine B. Forrest on 12/23/2011) (jp) (Entered: 12/23/2011)

Track Case Updates

Mylan Technologies, Inc.

Novartis Pharmaceuticals Corporation

Noven Pharmaceuticals, Inc.

Vivelle Ventures LLC

Mylan, Inc.

Mylan Pharmaceuticals, Inc.