Wyeth LLC v. MSN Laboratories Private Limited

COMPLAINT filed against MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2098563.) - filed by Wyeth Pharmaceuticals Inc., Wyeth LLC, PF Prism C.V.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(sar) (Entered: 03/07/2017)

2017-03-07

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 03/07/2017)

2017-03-07

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Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: January 23, 2017. Date of Expiration of Patent: November 23, 2026.Thirty Month Stay Deadline: 3/4/2020. (sar) (Entered: 03/07/2017)

2017-03-07

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,767,678 B2;. (sar) (Entered: 03/07/2017)

2017-03-07

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc. filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (sar) (Entered: 03/07/2017)

2017-03-07

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Summons Issued with Magistrate Consent Notice attached as to MSN Laboratories Private Limited on 3/7/2017; MSN Pharmaceuticals, Inc. on 3/7/2017. 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. (sar)

2017-03-07

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Summons Issued

2017-03-07

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SUMMONS Returned Executed by Wyeth Pharmaceuticals Inc., Wyeth LLC, PF Prism C.V.. MSN Laboratories Private Limited served on 3/8/2017, answer due 3/29/2017. (Noreika, Maryellen) (Entered: 03/08/2017)

2017-03-08

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SUMMONS Returned Executed by Wyeth Pharmaceuticals Inc., Wyeth LLC, PF Prism C.V.. MSN Pharmaceuticals, Inc. served on 3/8/2017, answer due 3/29/2017. (Noreika, Maryellen) (Entered: 03/08/2017)

2017-03-08

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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)

2017-03-08

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Case Assigned/Reassigned

2017-03-08

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NOTICE of Appearance by Joseph James Bellew on behalf of All Defendants (Bellew, Joseph) (Entered: 03/21/2017)

2017-03-21

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STIPULATION TO EXTEND TIME to Answer complaint to April 21, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 03/22/2017)

2017-03-22

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SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Answer complaint to April 21, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 4/21/2017; MSN Pharmaceuticals, Inc. answer due 4/21/2017). Signed by Judge Richard G. Andrews on 3/22/2017. (nms)

2017-03-22

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-03-22

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STIPULATION TO EXTEND TIME to Answer Complaint to May 22, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 04/18/2017)

2017-04-18

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SO ORDERED, re 10 STIPULATION TO EXTEND TIME to Answer Complaint to May 22, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 5/22/2017; MSN Pharmaceuticals, Inc. answer due 5/22/2017). Signed by Judge Richard G. Andrews on 4/19/2017. (nms)

2017-04-19

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-04-19

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STIPULATION TO EXTEND TIME to ANSWER complaint to June 21, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 05/09/2017)

2017-05-09

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SO ORDERED, re 11 STIPULATION TO EXTEND TIME to ANSWER complaint to June 21, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 6/21/2017; MSN Pharmaceuticals, Inc. answer due 6/21/2017). Signed by Judge Richard G. Andrews on 5/10/2017. (nms)

2017-05-10

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-05-10

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MOTION for Pro Hac Vice Appearance of Attorney Aaron Stiefel, Daniel P. DiNapoli, Jeffrey Martin, Phillip Smithback, Stephanie Piper, Victoria L. Reines, and Soumitra Deka - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 06/05/2017)

2017-06-05

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SO ORDERED,re 12 MOTION for Pro Hac Vice Appearance of Attorney Aaron Stiefel, Daniel P. DiNapoli, Jeffrey Martin, Phillip Smithback, Stephanie Piper, Victoria L. Reines, and Soumitra Deka, filed by Wyeth LLC, PF Prism C.V., Wyeth Pharmaceuticals Inc.. Signed by Judge Richard G. Andrews on 6/6/2017. (nms)

2017-06-06

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SO ORDERED

2017-06-06

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Pro Hac Vice Attorney Jeffrey Martin,Philip A. Smithback,Soumitra Deka,Stephanie M. Piper,Aaron Stiefel,Victoria L. Reines for PF Prism C.V.,Wyeth LLC,Wyeth Pharmaceuticals 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. (crb)

2017-06-08

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Add Attorneys - PHV only

2017-06-08

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Pro Hac Vice Attorney Daniel P. DiNapoli for PF Prism C.V.,Daniel P. DiNapoli for Wyeth LLC,Daniel P. DiNapoli for Wyeth Pharmaceuticals 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. Associated Cases: 1:17-cv-00233-RGA, 1:16-cv-01305-RGA(crb)

2017-06-13

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Add Attorneys - PHV only

2017-06-13

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ANSWER to 1 Complaint, and COUNTERCLAIMS against PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc. by MSN Pharmaceuticals, Inc., MSN Laboratories Private Limited.(Bellew, Joseph) Modified on 9/21/2017 (nms). (Entered: 06/20/2017)

2017-06-20

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 06/21/2017)

2017-06-21

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Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 8/11/2017, at 10:00 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 6/23/2017. (nms) (Entered: 06/23/2017)

2017-06-23

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ANSWER to 13 Answer to Complaint, Counterclaim by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc..(Noreika, Maryellen) (Entered: 07/11/2017)

2017-07-11

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STIPULATION and Proposed Order, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bellew, Joseph) Modified on 7/18/2017 (nms). (Entered: 07/18/2017)

2017-07-18

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SO ORDERED Granting 17 Stipulation and Order. Signed by Judge Richard G. Andrews on 7/25/2017. (nms) (Entered: 07/25/2017)

2017-07-25

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AMENDED ANSWER to 1 Complaint, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (nms) (Entered: 07/25/2017)

2017-07-25

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MOTION for Pro Hac Vice Appearance of Attorney Gene A. Lang - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 08/07/2017)

2017-08-07

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PROPOSED Scheduling Order, by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Attachments: # 1 Letter)(Noreika, Maryellen) Modified on 8/9/2017 (nms). (Entered: 08/08/2017)

2017-08-08

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SO ORDERED, re 20 MOTION for Pro Hac Vice Appearance of Attorney Gene A. Lang, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 8/8/2017. (nms)

2017-08-08

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SO ORDERED

2017-08-08

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STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Defendants' Amended Counterclaims to August 29, 2017 - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 08/11/2017)

2017-08-11

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 5/9/2018. Amended Pleadings due by 5/9/2018. Discovery due by 8/17/2018. Joint Claim Construction Brief due by 5/31/2018. A Markman Hearing is set for 6/27/2018, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Pretrial Conference is set for 10/18/2019, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A 3 day Bench Trial is set for 11/4/2019, at 8:30 AM in Courtroom 6A before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 8/11/2017. Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(nms) (Entered: 08/11/2017)

2017-08-11

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ORDER Setting Teleconference: Plaintiffs' counsel to initiate the call. A Telephone Conference is set for 8/24/2017 at 11:30 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 8/11/17. Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(cak) (Entered: 08/11/2017)

2017-08-11

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CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(cak)

2017-08-11

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Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 8/11/2017. (Court Reporter Leonard Dibbs.) Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(ksr, )

2017-08-11

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Case Referred to Mediation - Magistrate Judge only

2017-08-11

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SO ORDERED, re 22 STIPULATION TO EXTEND TIME to respond to Amended Counterclaims to August 29, 2017, filed by Wyeth LLC, PF Prism C.V., Wyeth Pharmaceuticals Inc.. Signed by Judge Richard G. Andrews on 8/11/2017. (ksr, ) Modified on 8/16/2017 (nms).

2017-08-14

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SO ORDERED

2017-08-14

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Scheduling Conference

2017-08-16

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ORDER: Counsel are to provide the requested information in the Order. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 8/24/17. Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(cak) (Entered: 08/24/2017)

2017-08-24

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NOTICE OF SERVICE of Defendants Alembic Pharmaceuticals, Ltd. and Alembic Pharmaceuticals, Inc.'s 1) Responses to Plaintiffs' First Set of Requests for the Production of Documents and Things; and 2) Responses to Plaintiffs' First Set of Interrogatories filed by Alembic Pharmaceuticals, Inc., Alembic Pharmaceuticals, Ltd..(Farnan, Kelly) (Entered: 08/24/2017)

2017-08-24

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STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' amended counterclaims to September 28, 2017 - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 08/25/2017)

2017-08-25

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SO ORDERED AND ~Util - Set/Reset Answer Deadline

2017-08-28

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SO ORDERED, re 27 STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' amended counterclaims to September 28, 2017 (*Reset Answer Deadlines: PF Prism C.V. answer due 9/28/2017; Wyeth LLC answer due 9/28/2017; Wyeth Pharmaceuticals Inc. answer due 9/28/2017). Signed by Judge Richard G. Andrews on 8/28/2017. (nms)

2017-08-28

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STIPULATION of Dismissal by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 09/20/2017)

2017-09-20

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SO ORDERED Granting 28 Stipulation of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 9/21/2017. (nms) (Entered: 09/21/2017)

2017-09-21

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,767,678 B2. (Attachments: # 1 Order)(nms) (Entered: 09/21/2017)

2017-09-21

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Overview

Parties

Defendant

MSN Laboratories Private Limited

Represented By

Plaintiff

Wyeth LLC

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 03/07/2017)

Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: January 23, 2017. Date of Expiration of Patent: November 23, 2026.Thirty Month Stay Deadline: 3/4/2020. (sar) (Entered: 03/07/2017)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,767,678 B2;. (sar) (Entered: 03/07/2017)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc. filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (sar) (Entered: 03/07/2017)

Summons Issued

SUMMONS Returned Executed by Wyeth Pharmaceuticals Inc., Wyeth LLC, PF Prism C.V.. MSN Laboratories Private Limited served on 3/8/2017, answer due 3/29/2017. (Noreika, Maryellen) (Entered: 03/08/2017)

SUMMONS Returned Executed by Wyeth Pharmaceuticals Inc., Wyeth LLC, PF Prism C.V.. MSN Pharmaceuticals, Inc. served on 3/8/2017, answer due 3/29/2017. (Noreika, Maryellen) (Entered: 03/08/2017)

Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)

Case Assigned/Reassigned

NOTICE of Appearance by Joseph James Bellew on behalf of All Defendants (Bellew, Joseph) (Entered: 03/21/2017)

STIPULATION TO EXTEND TIME to Answer complaint to April 21, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 03/22/2017)

SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Answer complaint to April 21, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 4/21/2017; MSN Pharmaceuticals, Inc. answer due 4/21/2017). Signed by Judge Richard G. Andrews on 3/22/2017. (nms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

STIPULATION TO EXTEND TIME to Answer Complaint to May 22, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 04/18/2017)

SO ORDERED, re 10 STIPULATION TO EXTEND TIME to Answer Complaint to May 22, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 5/22/2017; MSN Pharmaceuticals, Inc. answer due 5/22/2017). Signed by Judge Richard G. Andrews on 4/19/2017. (nms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

STIPULATION TO EXTEND TIME to ANSWER complaint to June 21, 2017 - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 05/09/2017)

SO ORDERED, re 11 STIPULATION TO EXTEND TIME to ANSWER complaint to June 21, 2017 (*Reset Answer Deadlines: MSN Laboratories Private Limited answer due 6/21/2017; MSN Pharmaceuticals, Inc. answer due 6/21/2017). Signed by Judge Richard G. Andrews on 5/10/2017. (nms)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Aaron Stiefel, Daniel P. DiNapoli, Jeffrey Martin, Phillip Smithback, Stephanie Piper, Victoria L. Reines, and Soumitra Deka - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 06/05/2017)

SO ORDERED

Add Attorneys - PHV only

Add Attorneys - PHV only

ANSWER to 1 Complaint, and COUNTERCLAIMS against PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc. by MSN Pharmaceuticals, Inc., MSN Laboratories Private Limited.(Bellew, Joseph) Modified on 9/21/2017 (nms). (Entered: 06/20/2017)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 06/21/2017)

Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 8/11/2017, at 10:00 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 6/23/2017. (nms) (Entered: 06/23/2017)

ANSWER to 13 Answer to Complaint, Counterclaim by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc..(Noreika, Maryellen) (Entered: 07/11/2017)

STIPULATION and Proposed Order, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bellew, Joseph) Modified on 7/18/2017 (nms). (Entered: 07/18/2017)

SO ORDERED Granting 17 Stipulation and Order. Signed by Judge Richard G. Andrews on 7/25/2017. (nms) (Entered: 07/25/2017)

AMENDED ANSWER to 1 Complaint, by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (nms) (Entered: 07/25/2017)

MOTION for Pro Hac Vice Appearance of Attorney Gene A. Lang - filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. (Bellew, Joseph) (Entered: 08/07/2017)

PROPOSED Scheduling Order, by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Attachments: # 1 Letter)(Noreika, Maryellen) Modified on 8/9/2017 (nms). (Entered: 08/08/2017)

SO ORDERED, re 20 MOTION for Pro Hac Vice Appearance of Attorney Gene A. Lang, filed by MSN Laboratories Private Limited, MSN Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 8/8/2017. (nms)

SO ORDERED

STIPULATION TO EXTEND TIME for Plaintiffs to Respond to Defendants' Amended Counterclaims to August 29, 2017 - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 08/11/2017)

Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 8/11/2017. (Court Reporter Leonard Dibbs.) Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(ksr, )

Case Referred to Mediation - Magistrate Judge only

SO ORDERED, re 22 STIPULATION TO EXTEND TIME to respond to Amended Counterclaims to August 29, 2017, filed by Wyeth LLC, PF Prism C.V., Wyeth Pharmaceuticals Inc.. Signed by Judge Richard G. Andrews on 8/11/2017. (ksr, ) Modified on 8/16/2017 (nms).

SO ORDERED

Scheduling Conference

ORDER: Counsel are to provide the requested information in the Order. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 8/24/17. Associated Cases: 1:16-cv-01305-RGA, 1:17-cv-00233-RGA(cak) (Entered: 08/24/2017)

STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' amended counterclaims to September 28, 2017 - filed by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 08/25/2017)

SO ORDERED AND ~Util - Set/Reset Answer Deadline

STIPULATION of Dismissal by PF Prism C.V., Wyeth LLC, Wyeth Pharmaceuticals Inc.. (Noreika, Maryellen) (Entered: 09/20/2017)

SO ORDERED Granting 28 Stipulation of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 9/21/2017. (nms) (Entered: 09/21/2017)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,767,678 B2. (Attachments: # 1 Order)(nms) (Entered: 09/21/2017)