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Avanir Pharmaceuticals, Inc. Message Board

  • spook2b spook2b Aug 12, 2011 9:51 PM Flag

    AVNR vs Actavis South Atlantic LLC court docket list

    I took a look at the dockets filed in the AVNR vs Actavis South Atlantic patent infringement case tonight. So far 7 dockets & a summons:

    Date Filed...#......Docket Text

    08/10/2011 #1 COMPLAINT filed against Actavis Inc., Actavis South Atlantic LLC - Magistrate Consent Notice to Pltf. (Filing fee $ 350, receipt number 0311-930026) - filed by Avanir Pharmaceuticals Inc., Avanir Holding Company, Center for Neurological Study. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(nms) (Entered: 08/11/2011)

    08/10/2011 #2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nms) (Entered: 08/11/2011)

    08/10/2011 #3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,659,282; RE 38,115. (nms) (Entered: 08/11/2011)

    08/10/2011 #4 Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: 6/30/2011. Date of Expiration of Patents: 8/13/2026 and 1/26/2016.Thirty Month Stay Deadline: 12/30/2013. (nms) (Entered: 08/11/2011)

    08/10/2011 #5 Disclosure Statement pursuant to Rule 7.1 filed by Center for Neurological Study. (nms) (Entered: 08/11/2011)

    08/10/2011 #6 Disclosure Statement pursuant to Rule 7.1 filed by Avanir Pharmaceuticals Inc.. (nms) (Entered: 08/11/2011)

    08/10/2011 #7 Disclosure Statement pursuant to Rule 7.1 filed by Avanir Holding Company identifying Other Affiliate Avanir Pharmaceuticals Inc. for Avanir Holding Company. (nms) (Entered: 08/11/2011)

    08/11/2011 Summons Issued as to Actavis Inc. on 8/11/2011; Actavis South Atlantic LLC on 8/11/2011. Requesting party should contact the Help Desk at 302-573-6170 to arrange for pick-up or mailing of the summons. (nms) (Entered: 08/11/2011)

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    • tevanj, the patent suit was filed back in Aug 2011 in Del. dst court. If you follow this thread back, you should see some of the initial dockets. I can give you the case # if you have PACER, but you can also just query Actavis or Avanir to get it.

    • Just 2 dockets since my previous list (all the docket posts are linked).

      Back on Oct7, the scheduling order was filed in docket #25. toophan posted that docket with the proposed dates here: (http://messages.finance.yahoo.com/Business_%26_Finance/Investments/Stocks_%28A_to_Z%29/Stocks_A/threadview?bn=27718&tid=285297&mid=285297)

      Note that it envisions a possible trial sometime in July-Sep of 2013.

      Docket 26 is AVNR's answer to Actavis' counterclaims.

      10/07/2011 #25 PROPOSED ORDER Scheduling re 23 Order by Actavis Inc., Actavis South Atlantic LLC, Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study, Impax Laboratories Inc., Par Pharmaceutical Companies Inc., Par Pharmaceutical Inc., Wockhardt Ltd., Wockhardt USA LLC. (Attachments: # 1 Letter to Judge Stark, # 2 Case Schedules Chart)(Noreika, Maryellen) (Entered: 10/07/2011)

      10/14/2011 #26 ANSWER to 16 Answer to Complaint, Counterclaim -- Answer to Actavis's Counterclaims -- by Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study.(Noreika, Maryellen) (Entered: 10/14/2011)

    • Back on Sep 28, I added a post with 4 new dockets to this list, but in looking back at my posts today, I don't see that one. At any rate, here were those dockets (now not so new):

      09/26/2011 #21 SO ORDERED, re (15 in 1:11-cv-00705-LPS, 20 in
      1:11-cv-00704-LPS, 13 in 1:11-cv-00758-LPS, 11 in 1:11-cv-00757-LPS)
      CONSOLIDATION STIPULATION AND ORDER -- These Actions Are Consolidated For All
      Purposes; and All Papers Shall Be Filed In Civil Action No. 11-704-LPS. Signed
      by Judge Leonard P. Stark on 9/26/11. Associated Cases: 1:11-cv-00704-LPS,
      1:11-cv-00705-LPS, 1:11-cv-00757-LPS, 1:11-cv-00758-LPS(ntl) (Entered:
      09/26/2011)

      09/26/2011 #22 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld
      regarding scheduling orders. (Blumenfeld, Jack) (Entered: 09/26/2011)

      09/26/2011 #23 ORAL ORDER Granting 22 Letter request to submit proposed
      scheduling order by 10/7/11. ORDERED by Judge Leonard P. Stark on 9/26/11. (ntl)
      (Entered: 09/26/2011)

      09/28/2011 #24 ANSWER to Complaint , COUNTERCLAIM -- Answer to Par's
      Counterclaims (D.I. 10 in C.A. No. 11-705) -- by Avanir Holding Company, Avanir
      Pharmaceuticals Inc., Center for Neurological Study.(Blumenfeld, Jack) (Entered:
      09/28/2011)

      ==============================

      So from docket 21, it looks as if the Judge has okayed the consolidation of all
      four cases (as proposed in docket 20).

      From #22 & 23, it looks like we'll see a scheduling order by 10/7.

      I downloaded docket #24 in full, but here's what I think is the pertinent part:

      PAR'S PRAYER FOR RELIEF
      Plaintiffs [AVNR] deny that Par is entitled to judgment in its favor and denies that Par is entitled to any relief as set for in its Counterclaims, Affirmative Defenses, and/or Prayer for Relief.

      DEFENSES
      First Defense: Failure to State a Claim
      The Counterclaims fail to state a claim upon which relief may be granted.

      WHEREFORE, Plaintiffs pray for judgment in their favor on Par's Counterclaims and for the relief requested by Plaintiffs' Complaint for Patent Infringement.

    • looks like they all have filed a stipulation order for consolidation of cases. This means one case will decide everyone's fate. sounds promising.

      spook - did you look up the counterclaims that the generics filed. Looks like they are trying to invalidate the 115 patent and get it removed from orange book. They don't seem to have an argument against 282 other than it is invalid. what do you think?

    • Docket #19 is similar to the scheduling order for the AVNR vs Par case. I believe the deadline is one week later.

      Docket #20 COULD be very interesting. It APPEARS that the Judge MAY be looking to consolidate all four cases (Par, Actavis, Impax & Wockhardt). I'll check this out.

      09/22/2011 #19 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal to the Court no later than October 7, 2011. The parties are to review the Court's form scheduling order, which is posted at <...>(see Chambers, Judge Stark, Forms). ORDERED by Judge Leonard P. Stark on 9/22/11. (ntl) (Entered: 09/22/2011)

      09/22/2011 #20 STIPULATION AND ORDER FOR CONSOLIDATION by Actavis Inc., Actavis South Atlantic LLC, Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study, Center for Neurologic Study, Impax Laboratories Inc., Wockhardt Ltd., Wockhardt USA LLC, Par Pharmaceutical Companies Inc., Par Pharmaceutical Inc.. (Blumenfeld, Jack) (Entered: 09/22/2011)

    • Thanks for keeping up on this Spook!

    • 3 more case dockets filed today. #16 is Actavis' response to AVNR's complaint & a counterclaim. Recall that Par filed their response (and counterclaim) on Sep 6.

      09/20/2011 #16 ANSWER to 1 Complaint,, COUNTERCLAIM against Avanir Holding Company, Avanir Pharmaceuticals Inc., Center for Neurological Study by Actavis Inc., Actavis South Atlantic LLC.(Gattuso, Dominick)

      09/20/2011 #17 Disclosure Statement pursuant to Rule 7.1 filed by Actavis Inc. identifying Corporate Parent Actavis Group hf for Actavis Inc... (Gattuso, Dominick)

      09/20/2011 #18 Disclosure Statement pursuant to Rule 7.1 filed by Actavis South Atlantic LLC identifying Corporate Parent Actavis Inc. for Actavis South Atlantic LLC.. (Gattuso, Dominick)

    • By that time the price will be well above $20.

    • I would add another 18 months after Sept 30th, before a final decision gets made on this case. This could take us to March of 2013.

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