Regeneron Pharmaceuticals, Inc. v. Merus B.V.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:14-cv-01650
District Judge Katherine B. Forrest, presiding
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District Judge Katherine B. Forrest
Last Updated October 5, 2022 at 3:47 PM EDT (3.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Regeneron Pharmaceuticals, Inc., Plaintiff
Officer/Director, Decibel Therapeutics, Inc.

Represented by Brune & Richard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Susan E. Brune +1 212 668 1900 +1 212 668 0315 sbrune@bruneandrichard.com
ATTORNEY TO BE NOTICED Charles Anthony Michael +1 212 668 1900 +1 212 668 0315 cmichael@bruneandrichard.com

Represented by Fitzpatrick, Cella, Harper & Scinto

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Louis Baechtold +1 212 218 2213 +1 212 218 2200 rbaechtold@fchs.com
ATTORNEY TO BE NOTICED Christopher P. Borello cborello@fchs.com
ATTORNEY TO BE NOTICED Donald Joseph Curry +1 212 218 2296 +1 212 218 2200 djcurry@currypllc.com
ATTORNEY TO BE NOTICED Susanne Flanders +1 212 218 2100 +1 212 218 2200 sflanders@fchs.com
ATTORNEY TO BE NOTICED Michael Enzo Furrow +1 212 218 2557 +1 212 218 2200 mfurrow@fchs.com
ATTORNEY TO BE NOTICED Brendan Mathew O'Malley +1 212 218 2249 +1 212 218 2200 bomalley@fchs.com
ATTORNEY TO BE NOTICED Scott K. Reed +1 212 218 2100 sreed@fchs.com
ATTORNEY TO BE NOTICED Robert Seth Schwartz +1 212 218 2298 +1 212 218 2200 rschwartz@fchs.com

Represented by Goldberg, Lowenstein & Weatherwax LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Nathan Nobu Lowenstein +1 310 203 9322 nlowenstein@glwllp.com

Represented by Irell & Manella, LLP

Name Phone Fax E-Mail
TERMINATED: 12/09/2014 Marshall A Camp +1 213 788 4340 +1 888 775 0898 mcamp@hueston.com
TERMINATED: 12/09/2014 Morgan Chu +1 310 277 1010 +1 310 203 7199 mchu@irell.com
TERMINATED: 12/09/2014 David Isaac Gindler +1 310 277 1010 +1 310 203 7199 DGindler@Irell.com
TERMINATED: 12/09/2014 Joshua B Gordon +1 310 277 1010 +1 310 203 7990 josh.gordon@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Andrew Krause +1 310 277 1010 akrause@irell.com
TERMINATED: 12/09/2014 Richard William Krebs +1 310 277 1010 +1 310 203 7199 rkrebs@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Yite John Lu yjlu@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Keith A Orso +1 310 277 1010 +1 310 203 7199 korso@irell.com
TERMINATED: 12/09/2014, LEAD ATTORNEY Jason George Sheasby, ESQ. +1 310 277 1010 +1 310 203 7199 JSheasby@Irell.com

Represented by Meiselman Denlea Packman Carton & Eberz, PC

Name Phone Fax E-Mail
TERMINATED: 04/25/2014 Suzanne Ilene Novak +1 914 686 1500 +1 914 801 5930 suzanne@yankwitt.com
TERMINATED: 04/25/2014 Russell Marc Yankwitt +1 914 686 1500 +1 212 637 2730 russell@yankwitt.com
No Logo Merus B.v., Counter-Claimant

Represented by Brune & Richard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles Anthony Michael +1 212 668 1900 +1 212 668 0315 cmichael@bruneandrichard.com

Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Leora Benami +1 212 446 5943 leora.benami@kirkland.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Patricia A. Carson +1 212 446 4800 patricia.carson@kirkland.com
ATTORNEY TO BE NOTICED James H. McConnell +1 212 446 4800 james.mcconnell@kirkland.com
ATTORNEY TO BE NOTICED Aaron Dennis Resetarits +1 212 446 4823 aaron.resetarits@kirkland.com
ATTORNEY TO BE NOTICED Peter Brian Silverman +1 212 446 4744 +1 212 446 4900 peter.silverman@kirkland.com
ATTORNEY TO BE NOTICED Jeanna M. Wacker +1 212 446 4679 jeanna.wacker@kirkland.com
v.
No Logo Merus B.v., Defendant

Represented by Brune & Richard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles Anthony Michael +1 212 668 1900 +1 212 668 0315 cmichael@bruneandrichard.com

Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Leora Benami +1 212 446 5943 leora.benami@kirkland.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Patricia A. Carson +1 212 446 4800 patricia.carson@kirkland.com
ATTORNEY TO BE NOTICED Saunak Desai +1 212 446 7800 Saunak.desai@kirkland.com
ATTORNEY TO BE NOTICED David Draper +1 212 446 4800 david.draper@kirkland.com
ATTORNEY TO BE NOTICED Thomas F. Fleming thomas.fleming@kirkland.com
ATTORNEY TO BE NOTICED James H. McConnell +1 212 446 4800 james.mcconnell@kirkland.com
ATTORNEY TO BE NOTICED Aaron Dennis Resetarits +1 212 446 4823 aaron.resetarits@kirkland.com
ATTORNEY TO BE NOTICED Peter Brian Silverman +1 212 446 4744 +1 212 446 4900 peter.silverman@kirkland.com
ATTORNEY TO BE NOTICED Jeanna M. Wacker +1 212 446 4679 jeanna.wacker@kirkland.com
No Logo Merus B.v., Counter-Defendant

Represented by Brune & Richard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles Anthony Michael +1 212 668 1900 +1 212 668 0315 cmichael@bruneandrichard.com

Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Leora Benami +1 212 446 5943 leora.benami@kirkland.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Patricia A. Carson +1 212 446 4800 patricia.carson@kirkland.com
ATTORNEY TO BE NOTICED James H. McConnell +1 212 446 4800 james.mcconnell@kirkland.com
ATTORNEY TO BE NOTICED Peter Brian Silverman +1 212 446 4744 +1 212 446 4900 peter.silverman@kirkland.com
ATTORNEY TO BE NOTICED Jeanna M. Wacker +1 212 446 4679 jeanna.wacker@kirkland.com
No Logo Regeneron Pharmaceuticals, Inc., Counter-Defendant
Officer/Director, Decibel Therapeutics, Inc.

Represented by Brune & Richard LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Susan E. Brune +1 212 668 1900 +1 212 668 0315 sbrune@bruneandrichard.com
ATTORNEY TO BE NOTICED Charles Anthony Michael +1 212 668 1900 +1 212 668 0315 cmichael@bruneandrichard.com

Represented by Fitzpatrick, Cella, Harper & Scinto

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Louis Baechtold +1 212 218 2213 +1 212 218 2200 rbaechtold@fchs.com
ATTORNEY TO BE NOTICED Christopher P. Borello cborello@fchs.com
ATTORNEY TO BE NOTICED Donald Joseph Curry +1 212 218 2296 +1 212 218 2200 djcurry@currypllc.com
ATTORNEY TO BE NOTICED Brendan Mathew O'Malley +1 212 218 2249 +1 212 218 2200 bomalley@fchs.com
ATTORNEY TO BE NOTICED Scott K. Reed +1 212 218 2100 sreed@fchs.com
ATTORNEY TO BE NOTICED Robert Seth Schwartz +1 212 218 2298 +1 212 218 2200 rschwartz@fchs.com

Represented by Goldberg, Lowenstein & Weatherwax LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nathan Nobu Lowenstein +1 310 203 9322 nlowenstein@glwllp.com

Represented by Irell & Manella, LLP

Name Phone Fax E-Mail
TERMINATED: 12/09/2014 Marshall A Camp +1 213 788 4340 +1 888 775 0898 mcamp@hueston.com
TERMINATED: 12/09/2014 Morgan Chu +1 310 277 1010 +1 310 203 7199 mchu@irell.com
TERMINATED: 12/09/2014 David Isaac Gindler +1 310 277 1010 +1 310 203 7199 DGindler@Irell.com
TERMINATED: 12/09/2014 Joshua B Gordon +1 310 277 1010 +1 310 203 7990 josh.gordon@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Andrew Krause +1 310 277 1010 akrause@irell.com
TERMINATED: 12/09/2014 Richard William Krebs +1 310 277 1010 +1 310 203 7199 rkrebs@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Yite John Lu yjlu@irell.com
TERMINATED: 12/09/2014, PRO HAC VICE Keith A Orso +1 310 277 1010 +1 310 203 7199 korso@irell.com
TERMINATED: 12/09/2014, LEAD ATTORNEY Jason George Sheasby, ESQ. +1 310 277 1010 +1 310 203 7199 JSheasby@Irell.com

Represented by Meiselman Denlea Packman Carton & Eberz, PC

Name Phone Fax E-Mail
TERMINATED: 04/25/2014 Suzanne Ilene Novak +1 914 686 1500 +1 914 801 5930 suzanne@yankwitt.com
TERMINATED: 04/25/2014 Russell Marc Yankwitt +1 914 686 1500 +1 212 637 2730 russell@yankwitt.com
Other Parties
AstraZeneca Pharmaceuticals LP AstraZeneca Pharmaceuticals LP, Miscellaneous

Represented by McCarter & English LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder mwallach@mccarter.com
No Logo Foley Hoag LLP, Interested Party
Johnson & Johnson Development Corporation Johnson & Johnson Development Corporation, Interested Party

Represented by Law Offices of Jane Marie Metcalf

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Matthew Ethan Funk +1 212 336 2130 +1 212 336 2783 mfunk@pbwt.com
Attributes
Citation Section 35 U.S.C. § 145
Nature of Suit 830 - Property Rights: Patent
Timeline
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Legal Document (Payment Possibly Required) 496 Filed: 10/5/2022, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 495 Filed: 10/5/2022, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 494 Filed: 10/5/2022, Entered: None Sealed Document Attorney Notice to Retrieve
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Legal Document (Payment Possibly Required) 493 Filed: 12/28/2018, Entered: None USCA Mandate
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Legal Document (Payment Possibly Required) 492 Filed: 9/11/2018, Entered: None Internet Citation
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Legal Document (Payment Possibly Required) 491 Filed: 9/4/2018, Entered: None Internet Citation
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Legal Document (Payment Possibly Required) 445 Filed: 2/25/2016, Entered: None Court Filing
JOINT STIPULATION AND ORDER OF DISCLOSURE OF CERTAIN DOCUMENTS AND THE JUNE 10 ROBING ROOM TRANSCRIPT ASSOCIATED WITH ECF Nos. 389-90, 405 and 409: IT IS ORDERED and ADJUDGED THAT 1. Merus's Full Appellate Counsel shall be permitted to review, cite and rely on the following documents in briefing and argument to the Federal Circuit in Case No. 16-1346 (Fed. Cir.): (As further set forth in this Order.) 2. Merus's Full Appellate Counsel shall maintain the information contained in documents a-nn as being subject to the protective order in this matter (D.I. 49), shall not disclose the information to anyone other than the Court, the Federal Circuit, other members of Merus's Full Appellate Counsel, and Regeneron, and shall not use the information in the documents for any purposes other than presenting any issue to the Federal Circuit in Case No. 16-1346; and 3. To the extent any documents may be privileged, the disclosure of documents a-nn by Regeneron to Merus's Full Appellate Counsel shall not form the basis for a later privilege waiver argument to the extent any waiver has not already occurred. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/25/2016) (kko) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 444 Filed: 2/24/2016, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated February 24, 2016 re: Joint Stipulation and [Proposed] Order of Disclosure of Certain Documents. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1)(Carson, Patricia) (Entered: 02/24/2016)
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Legal Document (Payment Possibly Required) 443 Filed: 2/9/2016, Entered: None
EXPERT REPLY DECLARATION OF JEFFREY V. RAVETCH, M.D., Ph.D. (This document was previously sealed in envelope #108 and unsealed on 2/11/2016.) (spo) (Entered: 02/11/2016)
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Legal Document (Payment Possibly Required) 442 Filed: 2/9/2016, Entered: None
TRIAL AFFIDAVIT OF MARJOIRE A. OETTINGER, PH.D. (This document was previously sealed in envelope #362 and unsealed on 2/11/2016.) (spo) Modified on 2/11/2016 (spo). (Entered: 02/11/2016)
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Legal Document (Payment Possibly Required) 441 Filed: 2/8/2016, Entered: None Court Filing
JOINT STIPULATION AND ORDER REGARDING THE CONFIDENTIALITY OF: (1) ECF NO. 345; (2) EXHIBITS C, D AND E TO ECF NO. 212; AND (3) ECF NO. 107-50. IT IS ORDERED THAT 1. The following documents will be made available to the public in unredacted form: (1) ECF No. 345; (2) EXHIBITS C, D and E to ECF No. 212; and (3) ECF No. 107-50. (Signed by Judge Katherine B. Forrest on 2/8/2016) (lmb) (Entered: 02/08/2016)
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Legal Document (Payment Possibly Required) 440 Filed: 2/5/2016, Entered: None
NOTICE of Joint Stipulation Regarding the Confidentiality of 1) ECF No. 345; 2) Exhibits C, D, and E to ECF No. 212; and 3) ECF No. 107-50. Document filed by Merus B.V.. (Silverman, Peter) (Entered: 02/05/2016)
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Legal Document (Payment Possibly Required) 439 Filed: 12/29/2015, Entered: None
TRANSCRIPT REQUEST FORM 22. No transcript ordered. Document filed by Regeneron Pharmaceuticals, Inc.. (nd) (Entered: 12/29/2015)
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Legal Document (Payment Possibly Required) 438 Filed: 12/29/2015, Entered: None
FEDERAL CIRCUIT INFORMATION SHEET (FORM 7) re: 435 Notice of Appeal to the Federal Circuit. (nd) (Entered: 12/29/2015)
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Legal Document (Payment Possibly Required) 437 Filed: 5/29/2014, Entered: None
INTERNET CITATION NOTE: Material from decision with Internet citation re: 56 Order. (Attachments: # 1 Citation 1) (vf) (Entered: 12/23/2015)
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Legal Document (Payment Possibly Required) 436 Filed: 12/18/2015, Entered: None
NOTICE OF DOCKETING USCA Case Number 16-1346 from the USCA for the Federal Circut assigned to 435 Notice of Appeal to the Federal Circuit filed by Regeneron Pharmaceuticals, Inc. (tp) (Entered: 12/18/2015)
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Legal Document (Payment Possibly Required) 435 Filed: 12/17/2015, Entered: None
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 432 Judgment,,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Regeneron Pharmaceuticals, Inc.. (O'Malley, Brendan) (Entered: 12/17/2015)
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Legal Document (Payment Possibly Required) 434 Filed: 12/17/2015, Entered: None
FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT. Form 7 and Form 22 are due within 14 days. Document filed by Regeneron Pharmaceuticals, Inc.. Filing fee $ 505.00, receipt number 0208-11749605. (O'Malley, Brendan) Modified on 12/17/2015 (nd). (Entered: 12/17/2015)
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Legal Document (Payment Possibly Required) 433 Filed: 11/18/2015, Entered: None
AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 11/18/2015 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (lmb) (Entered: 12/02/2015)
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Legal Document (Payment Possibly Required) 432 Filed: 11/18/2015, Entered: None Court Filing
FINAL JUDGMENT. It is hereby ORDERED and ADJUDGED as follows: 1. Merus's Third Amended Counterclaim for a declaration that the '018 Patent is unenforceable is GRANTED and FINAL JUDGMENT is hereby ENTERED for the reasons set forth in the Court's Opinion & Order dated November 2, 2015 (ECF No. 423); 2. In accordance with the Joint Stipulation and Order of Invalidity and Non- Infringement dated February 24, 2015 (ECF No. 271), Regeneron's claim for patent infringement (ECF No. 1) is DENIED and Merus's counterclaim for declaratory judgment of noninfringement (ECF No. 225) is GRANTED and FINAL JUDGMENT is hereby ENTERED; 3. In accordance with the Joint Stipulation and Order of Invalidity and Non- Infringement dated February 24, 2015 (ECF No. 271), Merus's counterclaim for declaratory judgment of invalidity (ECF No. 225), due to indefiniteness, is GRANTED and FINAL JUDGMENT is hereby ENTERED; and 4. IT IS FURTHER ORDERED that any requests for attorney's fees and/or costs are deferred until after resolution of any appeal of this Final Judgment. To the extent that Regeneron does not appeal this Final Judgment, Merus may make a motion for attorney's fees and/or costs within fourteen (14) days after the expiration of the deadline for Regeneron to file a notice of appeal. (Signed by Judge Katherine B. Forrest on 11/18/2015) (lmb) (Entered: 11/18/2015)
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Legal Document (Payment Possibly Required) 431 Filed: 11/18/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 430 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: The appeal of this matter could impact the fee request. The Court also anticipates an extensive set of briefing on a fee motion and issues that are more complex than is typical. Accordingly, the Court stays briefing on the fee motion until resolution of the U.S. appeal on this Court's decision(s). For administrative purposes, the motion at ECF No. 425 is terminated without decision, with leave to renew following resolution of the appeal as set forth above., Motions terminated: 425 MOTION for Attorney Fees , Experts' Fees, and Costs. filed by Merus B.V. (Signed by Judge Katherine B. Forrest on 11/18/2015) (lmb) (Entered: 11/18/2015)
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Legal Document (Payment Possibly Required) 430 Filed: 11/17/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated November 17, 2015 re: Merus's Motion for Attorney's Fees. Document filed by Regeneron Pharmaceuticals, Inc..(O'Malley, Brendan) (Entered: 11/17/2015)
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Sealed Legal Document 429 Filed: 11/17/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 11/17/2015)
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Legal Document (Payment Possibly Required) 428 Filed: 11/16/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated November 16, 2015 re: PROPOSED Order of Judgment. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carson, Patricia) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 427 Filed: 11/16/2015, Entered: None
DECLARATION of Aaron D. Resetarits in Support re: 425 MOTION for Attorney Fees , Experts' Fees, and Costs.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Carson, Patricia) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 426 Filed: 11/16/2015, Entered: None
MEMORANDUM OF LAW in Support re: 425 MOTION for Attorney Fees , Experts' Fees, and Costs. . Document filed by Merus B.V.. (Carson, Patricia) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 425 Filed: 11/16/2015, Entered: None
MOTION for Attorney Fees , Experts' Fees, and Costs. Document filed by Merus B.V..(Carson, Patricia) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 424 Filed: 11/16/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated November 16, 2015 re: Proposed Final Order & Judgment. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Proposed Order & Judgment, # 2 Exhibit Minutes of TBA Proceeding, # 3 Exhibit Upheld EP Patent Claims)(O'Malley, Brendan) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 423 Filed: 11/2/2015, Entered: None Court Filing
OPINION AND ORDER: For the reasons set forth in this Opinion and order, the Court finds that Regeneron has engaged in inequitable conduct in connection with prosecution of the 018 Patent. The parties shall confer on a form of order of judgment and file either a joint proposed order or competing proposed orders within fourteen (14) days. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 11/2/2015) (jp) (Entered: 11/02/2015)
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Sealed Legal Document 422 Filed: 11/2/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 421 Filed: 11/2/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated November 2, 2015 re: Merus's letters dated October 29 and 30 (D.I. 417 & 420). Document filed by Regeneron Pharmaceuticals, Inc..(Borello, Christopher) (Entered: 11/02/2015)
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Legal Document (Payment Possibly Required) 420 Filed: 10/30/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated October 30, 2015 re: Response to [D.I. 416] Regeneron's response to Court's Order dated October 22, 2015. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A)(Silverman, Peter) (Entered: 10/30/2015)
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Sealed Legal Document 419 Filed: 10/30/2015, Entered: None Court Filing
ORDER: The Court is in receipt of Regenerons proposed confidentiality redactions tothe Courts draft opinion. (ECF No. 416, Exh. B (filed under seal)). It appears to the Court that all of the material Regeneron proposes redacting has already been disclosed during claim construction, trial in open court, or otherwise. Therefore, at this point the Court does not intend to redact the material Regeneron identified. Although the Court intended the draft review process to be the parties full opportunity to be heard, it will accept a further explanation of Regenerons position if submitted not later than Monday, November 2, 2015 at 12:00 p.m. (Signed by Judge Katherine B. Forrest on 10/30/2015) (jp) (Entered: 10/30/2015)
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Sealed Legal Document 418 Filed: 10/30/2015, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 10/30/2015)
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Legal Document (Payment Possibly Required) 417 Filed: 10/29/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated October 29, 2015 re: Response to Regenerons October 29, 2015 letter [D.I. 416]. Document filed by Merus B.V..(Carson, Patricia) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 416 Filed: 10/29/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated October 29, 2015 re: Court Order dated October 22 [D.I. 414]. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Borello, Christopher) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 415 Filed: 10/26/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated October 26, 2015 re: Court Order dated October 22, 2015 [ D.I. 414]. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carson, Patricia) (Entered: 10/26/2015)
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Sealed Legal Document 414 Filed: 10/22/2015, Entered: None Court Filing
ORDER: The Court provided the parties in the above-referenced matter with copies (in both PDF and Word formats) of its draft opinion on Merus's counterclaim for inequitable conduct. The Court shares the opinion in draft form for two reasons. First, it requests that the parties identify any errors in the Court's recitation of the science underlying this dispute and any other glaring errors (apart from the Court's weighing of the evidence and the outcome of the case). Second, although many of the submissions in this case were filed under seal, the trial was not under seal, nor were documents received into evidence under seal. The Court does not believe that any part of the opinion as written needs to be under seal, but requests that the parties identify any portions as to which they have a different view. The parties are hereby directed to each submit both a Word version of the opinion with any comments noted in the body of the document and a letter identifying any portion(s) the party believes should be under seal not later than 4:00 p.m. on Thursday, October 29, 2015. (Signed by Judge Katherine B. Forrest on 10/22/2015) (lmb) (Entered: 10/22/2015)
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Legal Document (Payment Possibly Required) 413 Filed: 8/26/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated August 26, 2015 re: Response to Regeneron's submission D.I. 412. Document filed by Merus B.V..(Silverman, Peter) (Entered: 08/26/2015)
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Legal Document (Payment Possibly Required) 412 Filed: 8/25/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated August 25, 2015 re: D.I. 411. Document filed by Regeneron Pharmaceuticals, Inc..(Borello, Christopher) (Entered: 08/25/2015)
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Legal Document (Payment Possibly Required) 411 Filed: 8/6/2015, Entered: None Court Filing
MEMORANDUM DECISION & ORDER: Under these unusual circumstances, it is appropriate to preclude the testimony of Smeland, Murphy and Jones. It is additionally appropriate to make an adverse inference as to the intent of Smeland and Murphy. Only this inference, which is "the single most reasonable inference able to be drawn from the evidence", is sufficient to remedy the array of issues discussed above and to place the prejudiced party, Merus, in a position as near as possible to that which it would occupy in the absence of the misconduct. See Therasense, 649 F.3d at 1290 (quoting Star Scientific Inc. v. R.J. Reynolds Tobacco Co., 537 F.3d 1357, 1366 (Fed. Cir. 2008)); Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99, 108 (2002). The application of these inferences to the Court's prior finding of materiality appears to lead inexorably to one final determination: that Regeneron engaged in inequitable conduct in connection with the prosecution of the '018 Patent. Should the parties disagree that this inference requires such a finding, they shall make a submission on such position not later than August 25, 2015. As a final matter, the Court notes the application by Regeneron to enjoin Merus counsel exposed to Regeneron documents on the log from undertaking certain work and for certain other relief. This application is wholly without merit as further set forth in this order. In light of the remedies on the merits set forth above, the Court sees no need to order this additional relief. The Court will issue a full written opinion on materiality and inequitable conduct as soon as practicable (but very likely not before mid to late September). (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/6/2015) (lmb) (Entered: 08/06/2015)
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Sealed Legal Document 410 Filed: 7/31/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 07/31/2015)
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Legal Document (Payment Possibly Required) 409 Filed: 7/30/2015, Entered: None
TRIAL BRIEF Reply Addressing Regeneron's Discovery and Waiver Misconduct. Document filed by Merus B.V.. (Attachments: # 1 Affidavit Declaration of Aaron D. Resetarits, # 2 Exhibit 71, # 3 Exhibit 72, # 4 Exhibit 73, # 5 Exhibit 74, # 6 Exhibit 75, # 7 Exhibit 76, # 8 Exhibit 77)(Silverman, Peter) (Entered: 07/30/2015)
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Sealed Legal Document 408 Filed: 7/29/2015, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 07/29/2015)
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Legal Document (Payment Possibly Required) 407 Filed: 7/28/2015, Entered: None
TRIAL BRIEF Reply on Materiality. Document filed by Merus B.V.. (Attachments: # 1 Exhibit G, # 2 Exhibit H)(Silverman, Peter) (Entered: 07/28/2015)
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Sealed Legal Document 406 Filed: 7/22/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 07/23/2015)
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Legal Document (Payment Possibly Required) 405 Filed: 7/21/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration of Christopher P. Borello, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG)(Borello, Christopher) (Entered: 07/21/2015)
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Legal Document (Payment Possibly Required) 404 Filed: 7/20/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Regeneron Pharmaceuticals, Inc..(Borello, Christopher) (Entered: 07/20/2015)
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Sealed Legal Document 403 Filed: 7/20/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 07/20/2015)
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Legal Document (Payment Possibly Required) 402 Filed: 7/17/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Borello, Christopher) (Entered: 07/17/2015)
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Legal Document (Payment Possibly Required) 401 Filed: 7/9/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/15/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 400 Filed: 7/9/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: TRIAL held on 6/15/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 399 Filed: 7/9/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/11/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 398 Filed: 7/9/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: TRIAL held on 6/11/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 397 Filed: 7/9/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/10/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 396 Filed: 7/9/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: TRIAL held on 6/10/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 395 Filed: 7/9/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 394 Filed: 7/9/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: TRIAL held on 6/9/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Sabrina D'Emidio, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 393 Filed: 7/9/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/3/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 392 Filed: 7/9/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: HEARING held on 6/3/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)
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Sealed Legal Document 391 Filed: 7/8/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 07/08/2015)
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Legal Document (Payment Possibly Required) 390 Filed: 7/7/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Merus B.V.. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68, # 70 Exhibit 69, # 71 Exhibit 70)(Resetarits, Aaron) (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 389 Filed: 7/7/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Merus B.V..(Silverman, Peter) (Entered: 07/07/2015)
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Sealed Legal Document 388 Filed: 7/1/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 07/01/2015)
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Legal Document (Payment Possibly Required) 387 Filed: 6/30/2015, Entered: None
POST TRIAL MEMORANDUM. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Silverman, Peter) (Entered: 06/30/2015)
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Legal Document (Payment Possibly Required) 386 Filed: 6/23/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 385 Letter filed by Merus B.V. ENDORSEMENT: File on the public docket. (No need for this letter or attachment to be under seal.) (Signed by Judge Katherine B. Forrest on 6/23/2015) (lmb) (Entered: 06/23/2015)
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Legal Document (Payment Possibly Required) 385 Filed: 6/22/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated June 22, 2015 re: Response to the Court's letter of June 19 (D.I. 383). Document filed by Merus B.V..(Silverman, Peter) (Entered: 06/22/2015)
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Legal Document (Payment Possibly Required) 384 Filed: 6/19/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated June 19, 2015 re: Revised List of Exhibits. Document filed by Regeneron Pharmaceuticals, Inc..(Borello, Christopher) (Entered: 06/19/2015)
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Legal Document (Payment Possibly Required) 383 Filed: 6/19/2015, Entered: None Court Filing
ORDER: The Court has received exhibit lists from both Regeneron and Merus (ECF Nos. 376, 377.) The Court understands these lists to include only those documents that properly appear as exhibits attached to declarations or were used at trial during witness examination (but not simply included in a witness binder and then not used). Have the parties included anything else on their lists? SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/19/2015) (ama) (Entered: 06/19/2015)
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Sealed Legal Document 382 Filed: 6/19/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/19/2015)
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Sealed Legal Document 381 Filed: 6/19/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/19/2015)
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Legal Document (Payment Possibly Required) 380 Filed: 6/17/2015, Entered: None
Exhibit List to be offered by Merus for Trial in Connection with Deposition Designations. Document filed by Merus B.V..(Silverman, Peter) (Entered: 06/17/2015)
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Sealed Legal Document 379 Filed: 6/17/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/17/2015)
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Legal Document (Payment Possibly Required) 378 Filed: 6/17/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 375 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: The Court is very appreciative of Regeneron's position on this issue. As stated on the record but reiterated here, none of the Merus outside counsel reviewing the documents (Silverman, Forchheimer and Resetarits) may disclose or discuss in any manner the content of the privileged documents to anyone other than themselves, the Court or Regeneron's counsel. The documents must be returned to Regeneron if/when the Court so orders. (Signed by Judge Katherine B. Forrest on 6/17/2015) (lmb) (Entered: 06/17/2015)
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Legal Document (Payment Possibly Required) 377 Filed: 6/16/2015, Entered: None
Exhibit List offered by Merus B.V.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1)(Silverman, Peter) (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 376 Filed: 6/16/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher Borello dated June 16, 2015 re: List of Exhibits. Document filed by Regeneron Pharmaceuticals, Inc..(Borello, Christopher) (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 375 Filed: 6/16/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher Borello dated June 16, 2015 re: Briefing of Privilege Waiver Issue. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 374 Filed: 6/16/2015, Entered: None Court Filing
ORDER: On June 15, 2015, the Court discussed certain scheduling matters with the parties. The parties shall comply with the following briefing schedule: Regarding the Stoll designations: Merus shall provide its deposition designations to Regeneron not later than noon today. Regeneron shall provide its counter-designations to Merus not later than Friday, June 19, 2015. Merus shall file the designations with its objections not later than Tuesday, June 23, 2015. Regarding the briefing on materiality: It shall be seriatim. Merus shall file its opening brief not later than June 30, 2015. (30 pages max.) Regeneron shall file its response not later than July 17, 2015. (30 pages max.) Merus shall file its reply not later than July 28, 2015. (15 pages max.) Regarding the briefing on intent: It shall be seriatim. Merus shall file its opening brief not later than July 7, 2015. (30 pages max.) Regeneron shall file its response not later than July 21, 2015. (30 pages max.) Merus shall file its reply not later than July 30, 2015. (15 pages max.), ( Brief due by 7/7/2015., Responses due by 7/21/2015., Replies due by 7/30/2015.) (Signed by Judge Katherine B. Forrest on 6/16/2015) (lmb) (Entered: 06/16/2015)
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Legal Document (Payment Possibly Required) 373 Filed: 6/9/2015, Entered: None Court Filing
ORDER: On June 24, 2015, Regeneron provided the Court with a USB drive containing documents on its privilege log. The Court has reviewed a number of these documents. That review is not exhaustive and the following are exemplars of potential issues as further set forth in this order. (Signed by Judge Katherine B. Forrest on 6/9/2015) (lmb) (Entered: 06/09/2015)
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Legal Document (Payment Possibly Required) 372 Filed: 6/5/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael E. Furrow dated 6/4/2015 re: We write in connection with Your Honor's request at yesterday's pretrial hearing for in camera submission of documents identified on Regeneron's privilege log as having been created or received by Dr. Tor Smeland. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 6/5/2015) (lmb) (Entered: 06/08/2015)
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Legal Document (Payment Possibly Required) 371 Filed: 6/7/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Silverman, Peter) (Entered: 06/07/2015)
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Legal Document (Payment Possibly Required) 370 Filed: 6/7/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions. . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 06/07/2015)
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Legal Document (Payment Possibly Required) 369 Filed: 6/5/2015, Entered: None
DECLARATION of Michael E. Furrow in Opposition re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Furrow, Michael) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 368 Filed: 6/5/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 367 Filed: 6/5/2015, Entered: None
DECLARATION of Brendan M. O'Malley in Opposition re: 359 EMERGENCY MOTION to Strike Document No. [340, 342, 343, 345] .. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A)(Furrow, Michael) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 366 Filed: 6/5/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 359 EMERGENCY MOTION to Strike Document No. [340, 342, 343, 345] . . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 06/05/2015)
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Legal Document (Payment Possibly Required) 365 Filed: 6/4/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Brendan M. O'Malley dated 6/4/2015 re: As requested by the Court at yesterday's pre-trial hearing, attached is a proposed revised version of Dr. Murphy's trial affidavit. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 6/4/2015) (lmb) (Entered: 06/04/2015)
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Legal Document (Payment Possibly Required) 364 Filed: 6/4/2015, Entered: None Court Filing
ORDER terminating 353 Motion to Strike ; terminating 359 Motion to Strike ; terminating 289 Motion ; terminating 296 Motion in Limine; terminating 321 Motion to Preclude; terminating 327 Motion in Limine. At the Final Pretrial Conference on June 3, 2015, the Court resolved the motions in limine on the record. Accordingly, the Clerk of Court is directed to terminate the motions at ECF Nos. 289, 296, 321, 327, 353, 359. (Signed by Judge Katherine B. Forrest on 6/4/2015) (lmb) (Entered: 06/04/2015)
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Sealed Legal Document 363 Filed: 6/3/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/03/2015)
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Sealed Legal Document 362 Filed: 6/3/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 361 Filed: 6/2/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Michael E. Furrow dated June 2, 2015 re: Merus's Emergency Motions to Strike (D.I. 353, 359). Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 360 Filed: 6/2/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 359 EMERGENCY MOTION to Strike Document No. [340, 342, 343, 345] .. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Appendix A, # 16 Appendix B, # 17 Appendix C, # 18 Appendix D)(Silverman, Peter) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 359 Filed: 6/2/2015, Entered: None
EMERGENCY MOTION to Strike Document No. [340, 342, 343, 345] . Document filed by Merus B.V..(Silverman, Peter) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 358 Filed: 6/2/2015, Entered: None
NOTICE of Motion to Strike Improper Expert Opinions and Trial Affidavits. Document filed by Merus B.V.. (Carson, Patricia) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 357 Filed: 6/2/2015, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from Michael E. Furrow dated June 2, 2015 re: Application to Bring Personal Electronic Devices or General Purpose Computing Devices into the Courthouses of the Southern District of New York For Use in a Trial or Proceeding. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 06/02/2015)
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Sealed Legal Document 356 Filed: 6/2/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 355 Filed: 6/1/2015, Entered: None
NOTICE of Motion to Strike the Cited Portions of Dr. Smeland's Affidavit re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions.. Document filed by Merus B.V.. (Carson, Patricia) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 354 Filed: 6/1/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 353 EMERGENCY MOTION to Strike Document No. 343 Cited Portions.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Silverman, Peter) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 353 Filed: 6/1/2015, Entered: None
EMERGENCY MOTION to Strike Document No. 343 Cited Portions. Document filed by Merus B.V..(Silverman, Peter) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 352 Filed: 6/1/2015, Entered: None
NOTICE OF APPEARANCE by Susanne Lynn Flanders on behalf of Regeneron Pharmaceuticals, Inc.. (Flanders, Susanne) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 351 Filed: 6/1/2015, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from Michael E. Furrow dated June 1, 2015 re: An application to bring personal electronic and computing device(s) into the courthouses of the Southern District of New York for use in a trial or proceeding. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 350 Filed: 6/1/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 6/1/2015 re: Pursuant to Your Honor's Individual Rules of Practice in Civil Cases, please find enclosed as further set forth in this letter. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) Modified on 6/1/2015 (lmb). (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 349 Filed: 6/1/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 6/1/2015 re: Enclosed please find courtesy copies of the following documents as further set forth in this letter. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 348 Filed: 6/1/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 6/1/2015 re: Enclosed please find a copy of Regeneron' s Trial Exhibit List with Merus' and the accompanying exhibits. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 347 Filed: 6/1/2015, Entered: None
NOTICE OF APPEARANCE by Thomas Francis Fleming on behalf of Merus B.V.. (Fleming, Thomas) (Entered: 06/01/2015)
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Legal Document (Payment Possibly Required) 346 Filed: 5/31/2015, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated May 31, 2015 re: Deposition designations. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carson, Patricia) (Entered: 05/31/2015)
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Legal Document (Payment Possibly Required) 345 Filed: 5/30/2015, Entered: None
DECLARATION of Marjorie A. Oettinger, Ph.D. [corrected]. Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/30/2015)
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Legal Document (Payment Possibly Required) 344 Filed: 5/30/2015, Entered: None
DECLARATION of Marjorie A. Oettinger, Ph.D. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/30/2015)
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Legal Document (Payment Possibly Required) 343 Filed: 5/29/2015, Entered: None
DECLARATION of Tor E. Smeland, Ph.D. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 342 Filed: 5/29/2015, Entered: None
DECLARATION of Andrew Joseph Murphy, Ph.D. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 341 Filed: 5/29/2015, Entered: None
DECLARATION of Donald R. Ware . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 340 Filed: 5/29/2015, Entered: None
DECLARATION of Brendan Jones, Ph.D. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 339 Filed: 5/29/2015, Entered: None
DECLARATION of Robert L. Stoll . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 338 Filed: 5/29/2015, Entered: None
DECLARATION of Geoff Davis . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 05/29/2015)
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Sealed Legal Document 337 Filed: 5/29/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 05/29/2015)
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Legal Document (Payment Possibly Required) 336 Filed: 5/28/2015, Entered: None
DECLARATION of Michael E. Furrow in Opposition re: 327 MOTION in Limine Numbers Three to Eight, Concerning Matters of Law, Evidence, Privilege.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Furrow, Michael) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 335 Filed: 5/28/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 327 MOTION in Limine Numbers Three to Eight, Concerning Matters of Law, Evidence, Privilege. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 334 Filed: 5/28/2015, Entered: None
NOTICE OF APPEARANCE by David Nelson Draper on behalf of Merus B.V.. (Draper, David) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 333 Filed: 5/28/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 332 Letter filed by Merus B.V. ENDORSEMENT: The declaration itself (w/out exs.) should be in hard copy form. Exs. can be filed electronically, and with USB. (Signed by Judge Katherine B. Forrest on 5/27/2015) (lmb) (Entered: 05/28/2015)
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Legal Document (Payment Possibly Required) 332 Filed: 5/27/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated May 27, 2015 re: Request to file exhibits in hard copy or on an electronic storage device. Document filed by Merus B.V..(Silverman, Peter) (Entered: 05/27/2015)
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Legal Document (Payment Possibly Required) 331 Filed: 5/26/2015, Entered: None
TRIAL BRIEF of Regeneron Pharmaceuticals Inc.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit of Michael E. Furrow in Support of Regeneron's Trial Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Furrow, Michael) (Entered: 05/26/2015)
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Sealed Legal Document 330 Filed: 5/22/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 05/22/2015)
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Legal Document (Payment Possibly Required) 329 Filed: 5/21/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 327 MOTION in Limine Numbers Three to Eight, Concerning Matters of Law, Evidence, Privilege.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Silverman, Peter) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 328 Filed: 5/21/2015, Entered: None
MEMORANDUM OF LAW in Support re: 327 MOTION in Limine Numbers Three to Eight, Concerning Matters of Law, Evidence, Privilege. . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 327 Filed: 5/21/2015, Entered: None
MOTION in Limine Numbers Three to Eight, Concerning Matters of Law, Evidence, Privilege. Document filed by Merus B.V..(Silverman, Peter) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 326 Filed: 5/21/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated May 21, 2015 re: Renewed Motion to Exclude the Testimony of John Doll. Document filed by Merus B.V..(Carson, Patricia) (Entered: 05/21/2015)
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Sealed Legal Document 325 Filed: 5/21/2015, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 324 Filed: 5/21/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 320 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: The Parties shall adhere to the original schedule. No extensions. (Signed by Judge Katherine B. Forrest on 5/21/2015) (ama) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 323 Filed: 5/20/2015, Entered: None
DECLARATION of Michael E. Furrow in Support re: 321 MOTION to Preclude Testimony of John Doll [Renewed].. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Furrow, Michael) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 322 Filed: 5/20/2015, Entered: None
MEMORANDUM OF LAW in Support re: 321 MOTION to Preclude Testimony of John Doll [Renewed]. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 321 Filed: 5/20/2015, Entered: None
MOTION to Preclude Testimony of John Doll [Renewed]. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 320 Filed: 5/20/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated May 20, 2015 re: May 20, 2015 Letter from P. Carson to Hon. Katherine B. Forrest (D.I. 319). Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 319 Filed: 5/20/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated May 20, 2015 re: Request for Extension of time. Document filed by Merus B.V..(Carson, Patricia) (Entered: 05/20/2015)
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Sealed Legal Document 318 Filed: 5/20/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 05/20/2015)
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Sealed Legal Document 317 Filed: 5/20/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 316 Filed: 5/20/2015, Entered: None Court Filing
ORDER. On April 8, 2015, Regeneron moved to preclude the testimony of John Doll. (ECF No. 276.) On April 27, 2015, the Court denied the motion with leave to renew when Merus submitted the final trial declaration. (ECF No. 285.) With Merus having done so, the Court asks Regeneron whether they continue to move to preclude the Doll testimony and, if so, as to which paragraphs. (Signed by Judge Katherine B. Forrest on 5/20/2015) (rjm) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 315 Filed: 5/19/2015, Entered: None
TRIAL BRIEF of Merus B.V.. Document filed by Merus B.V.. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30)(Silverman, Peter) (Entered: 05/19/2015)
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Legal Document (Payment Possibly Required) 314 Filed: 5/19/2015, Entered: None
DECLARATION of Saunak K. Desai in Support re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent .. Document filed by Merus B.V.. (Attachments: # 1 Exhibit Exhibit 17, # 2 Exhibit Exhibit 18, # 3 Exhibit Exhibit 19, # 4 Exhibit Exhibit 20, # 5 Exhibit Exhibit 21)(Desai, Saunak) (Entered: 05/19/2015)
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Legal Document (Payment Possibly Required) 313 Filed: 5/19/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent . . Document filed by Merus B.V.. (Desai, Saunak) (Entered: 05/19/2015)
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Sealed Legal Document 312 Filed: 5/18/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) Modified on 5/19/2015 (nm). (Entered: 05/19/2015)
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Sealed Legal Document 311 Filed: 5/18/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 310 Filed: 5/18/2015, Entered: None
DECLARATION of John Doll . Document filed by Merus B.V.. (Carson, Patricia) (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 309 Filed: 5/18/2015, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 5/15/2015 re: We write on behalf of Merus and Regeneron in response to the Court's Order dated May 15, 2015 (Dkt 306) and provide the following requested materials as further set forth in this letter. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 5/15/2015) (lmb) Modified on 5/18/2015 (lmb). (Entered: 05/18/2015)
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Legal Document (Payment Possibly Required) 308 Filed: 5/15/2015, Entered: None
DECLARATION of Christopher P. Borello in Opposition re: 296 MOTION in Limine Numbers One and Two, Concerning (1) Admissibility of Regeneron's Outside Counsel Notes; and (2) In Camera Review of Redacted Documents.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Furrow, Michael) (Entered: 05/15/2015)
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Legal Document (Payment Possibly Required) 307 Filed: 5/15/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 296 MOTION in Limine Numbers One and Two, Concerning (1) Admissibility of Regeneron's Outside Counsel Notes; and (2) In Camera Review of Redacted Documents. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/15/2015)
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Legal Document (Payment Possibly Required) 306 Filed: 5/15/2015, Entered: None Court Filing
ORDER: 1. In connection with Merus's motion to preclude at ECF No. 289, this Court will accept a reply of no more than 10 pages filed not later than Tuesday May 19, 2015 at noon. 2. Can the parties coordinate providing the Court with a spiral bound volume that contains only the following: (1) copies of the "Withheld References" (fn. 1 of ECF No. 290), (2) Kucherlapati's '598 Patent, (3) Regeneron's '018 Patent, and (4) the Court's Markman decision. Please deliver by hand directly to chambers by 5pm today. I plan to read these materials together over the weekend., ( Replies due by 5/19/2015.) (Signed by Judge Katherine B. Forrest on 5/15/2015) (lmb) (Entered: 05/15/2015)
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Legal Document (Payment Possibly Required) 305 Filed: 5/14/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 304 Letter filed by Merus B.V. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/14/2015) (lmb) (Entered: 05/14/2015)
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Legal Document (Payment Possibly Required) 304 Filed: 5/14/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated May 14, 2015 re: Request for extension to file declaration. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1)(Carson, Patricia) (Entered: 05/14/2015)
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Sealed Legal Document 303 Filed: 5/13/2015, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 05/13/2015)
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Legal Document (Payment Possibly Required) 302 Filed: 5/12/2015, Entered: None
DECLARATION of Christopher P. Borello in Opposition re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent .. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Furrow, Michael) (Entered: 05/12/2015)
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Legal Document (Payment Possibly Required) 301 Filed: 5/12/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent . . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 05/12/2015)
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Sealed Legal Document 300 Filed: 5/11/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 05/11/2015)
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Legal Document (Payment Possibly Required) 299 Filed: 5/11/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent .. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 Part 1, # 13 Exhibit 12 Part 2, # 14 Exhibit 12 Part 3, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16)(Silverman, Peter) (Entered: 05/11/2015)
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Legal Document (Payment Possibly Required) 298 Filed: 5/8/2015, Entered: None
DECLARATION of Saunak K. Desai in Support re: 296 MOTION in Limine Numbers One and Two, Concerning (1) Admissibility of Regeneron's Outside Counsel Notes; and (2) In Camera Review of Redacted Documents.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Desai, Saunak) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 297 Filed: 5/8/2015, Entered: None
MEMORANDUM OF LAW in Support re: 296 MOTION in Limine Numbers One and Two, Concerning (1) Admissibility of Regeneron's Outside Counsel Notes; and (2) In Camera Review of Redacted Documents. . Document filed by Merus B.V.. (Desai, Saunak) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 296 Filed: 5/8/2015, Entered: None
MOTION in Limine Numbers One and Two, Concerning (1) Admissibility of Regeneron's Outside Counsel Notes; and (2) In Camera Review of Redacted Documents. Document filed by Merus B.V..(Desai, Saunak) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 295 Filed: 5/7/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 294 Letter filed by Merus B.V.. ENDORSEMENT: Congratulations to Mr. Silverman. I am certain we can all agree on a way to handle the situation if the need arises. (Signed by Judge Katherine B. Forrest on 5/7/2015) (kgo) (Entered: 05/07/2015)
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Legal Document (Payment Possibly Required) 294 Filed: 5/7/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia Carson dated May 7, 2015 re: Trial Scheduling. Document filed by Merus B.V..(Carson, Patricia) (Entered: 05/07/2015)
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Sealed Legal Document 293 Filed: 5/6/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 292 Filed: 5/5/2015, Entered: None
NOTICE OF APPEARANCE by Saunak Kirti Desai on behalf of Merus B.V.. (Desai, Saunak) (Entered: 05/05/2015)
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Legal Document (Payment Possibly Required) 291 Filed: 5/5/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent .. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 Part 1, # 13 Exhibit 12 Part 2, # 14 Exhibit 12 Part 3, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16)(Silverman, Peter) (Entered: 05/05/2015)
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Legal Document (Payment Possibly Required) 290 Filed: 5/5/2015, Entered: None
MEMORANDUM OF LAW in Support re: 289 MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent . . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 05/05/2015)
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Legal Document (Payment Possibly Required) 289 Filed: 5/5/2015, Entered: None
MOTION to Exclude Expert Opinions and Testimony Containing Improper Legal Conclusions that Defy the Court's Claim Construction Order and Law of the Case, and Opine on the Law, and on Intent . Document filed by Merus B.V..(Silverman, Peter) (Entered: 05/05/2015)
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Legal Document (Payment Possibly Required) 288 Filed: 5/4/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/16/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 287 Filed: 5/4/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: conference held on 4/16/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/29/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/6/2015.(McGuirk, Kelly) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 286 Filed: 5/1/2015, Entered: None Court Filing
ORDER: On May 1, 2015, the Court held a telephonic conference in the above-referenced matter. As discussed: 1. It is acceptable for Merus to provide the Doll declaration by May 15, 2015 or even May 17, 2015. 2. The parties shall submit objections to the declarations as soon as practicable, but not later than June 7, 2015 at 10:00 a.m. 3. The parties are entitled to bring Daubert and in limine motions early. Opposition briefs are due one week from the submission of the motions. 4. Merus must inform Regeneron not later than May 12, 2015 whether it plans to accuse Mr. Perversky of inequitable conduct. (Signed by Judge Katherine B. Forrest on 5/1/2015) (lmb) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 285 Filed: 4/27/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 282 Response in Opposition to Motion re: 276 MOTION to Preclude the Testimony of John Doll. ENDORSEMENT: The Court has received the parties' submissions regarding John Doll. The Court will allow Doll to testify but may exclude certain opinions if they tread into the province of the fact finder, or purport to discuss intent or motive. To make a final determination as to whether any testimony falls within these excludable categories the Court must see the final proposed trial declaration. Accordingly, defendant shall file such declaration with the Court as soon as practicable (the Court understands it may not be ready yet. The Court needs it earlier than the other declarations.) Plaintiff's motion is therefore DENIED with leave to renew when the final declaration is received consistent with the above guidance. Motions terminated: 276 MOTION to Preclude the Testimony of John Doll, filed by Regeneron Pharmaceuticals, Inc. (Signed by Judge Katherine B. Forrest on 4/27/2015) (kko) (Entered: 04/27/2015)
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Sealed Legal Document 284 Filed: 4/21/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 04/21/2015)
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Legal Document (Payment Possibly Required) 283 Filed: 4/20/2015, Entered: None
DECLARATION of Aaron D. Resetarits in Opposition re: 276 MOTION to Preclude the Testimony of John Doll.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Resetarits, Aaron) (Entered: 04/20/2015)
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Legal Document (Payment Possibly Required) 282 Filed: 4/20/2015, Entered: None
RESPONSE in Opposition to Motion re: 276 MOTION to Preclude the Testimony of John Doll. . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 04/20/2015)
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Legal Document (Payment Possibly Required) 281 Filed: 4/17/2015, Entered: None Court Filing
ORDER: The following schedule shall govern the remainder of this action: 1. Trial: Monday, June 8, 2015 2. Final Pretrial Conference: Wednesday, June 3, 2015 at 1:00 p.m. 3. Final Pretrial Order (objections to exhibits, deposition designations): Friday, May 29, 2015 4. MILs and Daubert: Last to file May 21, 2015. Opp'ns: May 28, 2015. No replies. 5. FOF/C.Cl. filed with Court: May 29, 2015 Merus to provide on May 22, 2015; Regeneron on May 29, 2015. 6. Declarations filed with Court (including Exhibits): May 29, 2015 Merus to provide on May 22, 2015; Regeneron on May 29, 2015. 7. Trial Briefs or Outlines (optional): Merus to file by May 19, 2015. Regeneron to file by May 26, 2015. (Final Pretrial Conference set for 6/3/2015 at 01:00 PM before Judge Katherine B. Forrest.) (Pretrial Order due by 5/29/2015.) (Signed by Judge Katherine B. Forrest on 4/17/2015) (spo) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 280 Filed: 4/10/2015, Entered: None Court Filing
ORDER: The Court has received plaintiffs motion to exclude the testimony of John Doll. (ECF No. 276.) Defendant shall respond to the motion not later than April 20, 2015. Set Deadlines/Hearing as to 276 MOTION to Preclude the Testimony of John Doll: (Responses due by 4/20/2015) (Signed by Judge Katherine B. Forrest on 4/10/2015) (kko) (Entered: 04/10/2015)
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Sealed Legal Document 279 Filed: 4/9/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 04/09/2015)
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Legal Document (Payment Possibly Required) 278 Filed: 4/8/2015, Entered: None
DECLARATION of Michael E. Furrow in Support re: 276 MOTION to Preclude the Testimony of John Doll.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Furrow, Michael) (Entered: 04/08/2015)
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Legal Document (Payment Possibly Required) 277 Filed: 4/8/2015, Entered: None
MEMORANDUM OF LAW in Support re: 276 MOTION to Preclude the Testimony of John Doll. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 04/08/2015)
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Legal Document (Payment Possibly Required) 276 Filed: 4/8/2015, Entered: None
MOTION to Preclude the Testimony of John Doll. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 04/08/2015)
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Sealed Legal Document 275 Filed: 4/8/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 04/08/2015)
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Legal Document (Payment Possibly Required) 274 Filed: 4/7/2015, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Preclude the Testimony of John Doll. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Michael E. Furrow, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2)(Furrow, Michael) Modified on 4/8/2015 (db). (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 273 Filed: 3/12/2015, Entered: None Court Filing
ORDER: The Court may need to adjust the trial schedule. In addition to the schedule previously set, the parties should also hold the following dates: Trial: Tuesday, May 26, 2015. Final Pretrial Conference: Friday, May 22, 2015 at 11:00 a.m. Final Pretrial Order: Tuesday, May 19, 2015. The Court will inform the parties as soon as possible (but not later than mid-April) if the above dates will need to go into effect. Either way, the other dates outlined in ECF No. 270 remain unchanged. In addition, the parties shall appear for a status conference on Thursday, April 16, 2015 at 9:00 a.m. ( Pretrial Order due by 5/19/2015., Final Pretrial Conference set for 5/22/2015 at 11:00 AM before Judge Katherine B. Forrest., Status Conference set for 4/16/2015 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/12/2015) (mro) (Entered: 03/12/2015)
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Legal Document (Payment Possibly Required) 272 Filed: 2/25/2015, Entered: None Court Filing
MEMORANDUM DECISION & ORDER: granting in part and denying in part 255 Motion to Compel; denying 255 Motion for Sanctions. Merus has now moved for an order imposing sanctions on Regeneron in the form of an adverse inference at trial for its failure to comply with the Court's December 5 Order. (ECF No. 255.) Regeneron opposes that motion on the alternative bases that it has fully complied with that Order or, if it has not, that its failure to do so was a reasonable dispute as to scope and does not merit the imposition of sanctions.This Court DENIES Merus's motion for the imposition of sanctions. The Court views this matter as mainly a good-faith dispute over the scope of the Court's December 5 Order. A motion for sanctions would be an unnecessarily extreme remedy in this case. Both parties are incorrect as to the scope of the Court's Order Merus seeks more, but Regeneron may have produced less than the Court intended. Accordingly, Merus's motion to compel additional production is GRANTED in part and DENIED in part. And as set forth herein. The Court assumes that with this guidance the parties may determine whether there are additional materials Regeneron should produce. The Clerk of Court is directed to terminate the motion at ECF No. 255. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/25/2015) (ama) (Entered: 02/25/2015)
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Legal Document (Payment Possibly Required) 271 Filed: 2/24/2015, Entered: None Court Filing
JOINT STIPULATION AND ORDER OF INVALIDITY AND NON-INFRINGEMENT OF U.S. PATENT NO. 8,502,018: PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED and ADJUDGED THAT 1. Judgment that the Merus Accused Instrumentalities do not infringe each of the '018 patent claims is hereby entered: 2. Judgment of invalidity due to indefiniteness as to each of the '018 patent claims is hereby entered; and 3. In light of the foregoing, Merus's Counterclaim I for a Declaratory Judgment of noninfringement of the claims 1-20 of the '018 patent and Merus's Counterclaim II for a Declaratory Judgment of invalidity due to indefiniteness of claims 1-20 of the '018 patent is GRANTED. (Signed by Judge Katherine B. Forrest on 2/24/2015) (lmb) Modified on 2/26/2015 (lmb). (Entered: 02/25/2015)
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Legal Document (Payment Possibly Required) 270 Filed: 2/24/2015, Entered: None Court Filing
ORDER granting 267 Letter Motion for Extension of Time. So ordered. (Signed by Judge Katherine B. Forrest on 2/24/2015) (lmb) (Entered: 02/24/2015)
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Legal Document (Payment Possibly Required) 269 Filed: 2/24/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Michael E. Furrow dated February 24, 2015 re: D.I. 264 Merus's Reply Memorandum of Law. Document filed by Regeneron Pharmaceuticals, Inc..(Furrow, Michael) (Entered: 02/24/2015)
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Legal Document (Payment Possibly Required) 268 Filed: 2/23/2015, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated February 23, 2015 re: Joint Stipulation and [PROPOSED] Order of Invalidity and Non-Infringement. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1)(Carson, Patricia) (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 267 Filed: 2/23/2015, Entered: None Court Filing
JOINT LETTER MOTION for Extension of Time re Case Schedule addressed to Judge Katherine B. Forrest from Christopher P. Borello dated February 23, 2015. Document filed by Regeneron Pharmaceuticals, Inc..(O'Malley, Brendan) (Entered: 02/23/2015)
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Sealed Legal Document 266 Filed: 2/20/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 265 Filed: 2/19/2015, Entered: None
DECLARATION of Peter B. Silverman in Support re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 44, # 2 Exhibit 45, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 50, # 8 Exhibit 51, # 9 Exhibit 52)(Silverman, Peter) (Entered: 02/19/2015)
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Legal Document (Payment Possibly Required) 264 Filed: 2/19/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37. . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 02/19/2015)
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Legal Document (Payment Possibly Required) 263 Filed: 2/18/2015, Entered: None
CERTIFICATE OF SERVICE of Unredacted Regeneron's Opposition to Merus's Motion Seeking an Adverse Inference of Inequitable Conduct; Declaration of Michael E. Furrow; and unredacted exhibits in opposition to Motion served on Peter B. Silverman and Patricia A. Carson on February 17, 2015. Service was accepted by Glen Burke. Service was made by By Hand. Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 02/18/2015)
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Legal Document (Payment Possibly Required) 262 Filed: 2/17/2015, Entered: None
DECLARATION of Michael E. Furrow in Opposition re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Furrow, Michael) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 261 Filed: 2/17/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37. . Document filed by Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 260 Filed: 2/17/2015, Entered: None
NOTICE OF APPEARANCE by Michael Enzo Furrow on behalf of Regeneron Pharmaceuticals, Inc.. (Furrow, Michael) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 259 Filed: 2/11/2015, Entered: None
CERTIFICATE OF SERVICE of Merus B.V. Notice of Motion to Compel Regeneron Pharmaceuticals, Inc to Comply with Court's Waiver Order (D.I. 255); Unredacted Memorandum in support of Motion; and Declaration of Aaron D. Resetarits, Esq. and unredacted exhibits in support of Motion served on Christopher P. Borello on February 10, 2015. Service was accepted by Joseph L. Cirillo. Service was made by Hand. Document filed by Merus B.V.. (Resetarits, Aaron) (Entered: 02/11/2015)
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Sealed Legal Document 258 Filed: 2/11/2015, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 02/11/2015)
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Legal Document (Payment Possibly Required) 257 Filed: 2/10/2015, Entered: None
DECLARATION of Aaron D. Resetarits in Support re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43)(Resetarits, Aaron) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 256 Filed: 2/10/2015, Entered: None
MEMORANDUM OF LAW in Support re: 255 MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order. MOTION for Sanctions pursuant to Fed.R.Civ.P 37. . Document filed by Merus B.V.. (Silverman, Peter) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 255 Filed: 2/10/2015, Entered: None
MOTION to Compel Regeneron Pharmaceuticals, Inc. to produce documents pursuant of Court's Waiver Order., MOTION for Sanctions pursuant to Fed.R.Civ.P 37. Document filed by Merus B.V..(Silverman, Peter) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 254 Filed: 1/16/2015, Entered: None Court Filing
ORDER: Trial in the above-referenced case is scheduled for June 8, 2015. The trial will be to the bench. A bench trial is appropriate as the remaining issue is of plaintiff's alleged inequitable conduct. See, e.g., Agfa Corp. v. Creo Prods., Inc., 451 F.3d 1366 (Fed. Cir. 2006). (Signed by Judge Katherine B. Forrest on 1/16/2015) (lmb) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 253 Filed: 1/15/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 251 REPLY MEMORANDUM IN SUPPORT OF REGENERON'S MOTION FOR DISMISSAL OF MERUS'S UNENFORCEABILITY CLAIM AND ENTRY OF FINAL JUDGMENT OR, ALTERNATIVELY, ENTRY OF FINAL JUDGMENT AS TO INFRINGEMENT AND VALIDITY AND CERTIFICATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: After evaluating the parties' arguments for/against dismissal and certification, along with re-review of the Court's Markman, the Court DENIES the Plaintiff's request to dismiss or certify. This matter is scheduled for trial in June of this year -- it makes most sense to try the remaining portion of the case and have it all go up on appeal at once. In the event of reversal, all issues on remand will then be able to be dealt with at once -- all discovery will have been completed. (Signed by Judge Katherine B. Forrest on 1/15/2015) (rjm) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 252 Filed: 1/13/2015, Entered: None
DECLARATION of Christopher P. Borello in Support re: 236 MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b).. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Curry, Donald) (Entered: 01/13/2015)
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Legal Document (Payment Possibly Required) 251 Filed: 1/13/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 236 MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b). . Document filed by Regeneron Pharmaceuticals, Inc.. (Curry, Donald) (Entered: 01/13/2015)
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Sealed Legal Document 250 Filed: 1/7/2015, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 249 Filed: 1/6/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated January 6, 2015 re: pursuant to Court's Order D.I. 246. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Silverman, Peter) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 248 Filed: 1/6/2015, Entered: None
MEMORANDUM OF LAW in Opposition re: 236 MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b). . Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Silverman, Peter) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 247 Filed: 1/6/2015, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Donald J. Curry dated January 6, 2015 re: Withdrawal of Letter Motion (D.I. 224). Document filed by Regeneron Pharmaceuticals, Inc..(Curry, Donald) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 246 Filed: 12/31/2014, Entered: None Court Filing
ORDER: On December 11, 2014, the Court set forth in an order: "Merus shall file a letter regarding the continuation of discovery not later than December 22, 2014." (ECF No. 232.) As discussed in the status conference on December 10, 2014, the Court intended for Merus to explain why discovery related to inequitable conduct should continue, regardless of the outcome of Regeneron's proposal that all remaining defenses be dismissed with prejudice or stayed pending an appeal of the claim construction decision. (Tr. at 20, ECF No. 239.) Instead, Merus submitted a letter listing its complaints with Regeneron's effort to "stonewall discovery," "violate[ ] the court's waiver order" and "misrepresent[ ] facts." (ECF No. 242.) As Regeneron set forth in their letter (ECF No. 245), Merus's letter is not compliant with the Court's Order asking for argument as to why discovery on this matter should continue. Merus shall explain in a letter not later than Tuesday, January 6, 2014 why it should have this discovery related to inequitable conduct now. (Signed by Judge Katherine B. Forrest on 12/31/2014) (lmb) (Entered: 12/31/2014)
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Legal Document (Payment Possibly Required) 245 Filed: 12/23/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated December 23, 2014 re: Merus's December 22, 2014 Letter. Document filed by Regeneron Pharmaceuticals, Inc..(Curry, Donald) (Entered: 12/23/2014)
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Sealed Legal Document 244 Filed: 12/23/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 12/23/2014)
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Sealed Legal Document 243 Filed: 12/23/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 12/23/2014)
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Legal Document (Payment Possibly Required) 242 Filed: 12/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated December 22, 2014 re: status of and continuation of discovery. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Carson, Patricia) (Entered: 12/22/2014)
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Legal Document (Payment Possibly Required) 241 Filed: 12/22/2014, Entered: None
ANSWER to 225 Counterclaim. Document filed by Regeneron Pharmaceuticals, Inc..(Curry, Donald) (Entered: 12/22/2014)
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Legal Document (Payment Possibly Required) 240 Filed: 12/22/2014, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/10/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 12/22/2014)
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Legal Document (Payment Possibly Required) 239 Filed: 12/22/2014, Entered: None Court Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/10/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/15/2015. Redacted Transcript Deadline set for 1/26/2015. Release of Transcript Restriction set for 3/26/2015.(Rodriguez, Somari) (Entered: 12/22/2014)
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Legal Document (Payment Possibly Required) 238 Filed: 12/19/2014, Entered: None
DECLARATION of Christopher P. Borello in Support re: 236 MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b).. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Curry, Donald) (Entered: 12/19/2014)
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Legal Document (Payment Possibly Required) 237 Filed: 12/19/2014, Entered: None
MEMORANDUM OF LAW in Support re: 236 MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b). . Document filed by Regeneron Pharmaceuticals, Inc.. (Curry, Donald) (Entered: 12/19/2014)
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Legal Document (Payment Possibly Required) 236 Filed: 12/19/2014, Entered: None
MOTION to Dismiss Merus's Unenforceability Claim and Entry of FInal Judgment or, Alternatively, Entry of Final Judgment as to Infringement and Validity and Certification Under Federal Rule of Civil Procedure 54(b). Document filed by Regeneron Pharmaceuticals, Inc.. Responses due by 1/6/2015(Curry, Donald) (Entered: 12/19/2014)
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Legal Document (Payment Possibly Required) 235 Filed: 12/15/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 234 Letter filed by Merus B.V., ENDORSEMENT: So ordered. ( Responses due by 1/6/2015.) (Signed by Judge Katherine B. Forrest on 12/15/2014) (lmb) (Entered: 12/15/2014)
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Legal Document (Payment Possibly Required) 234 Filed: 12/12/2014, Entered: None Court Filing
SECOND LETTER addressed to Judge Katherine B. Forrest from Jeanna Wacker dated December 12, 2014 re: Extension of time to respond to D.I. 224. Document filed by Merus B.V..(Wacker, Jeanna) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 233 Filed: 12/11/2014, Entered: None
NOTICE OF APPEARANCE by Robert Louis Baechtold on behalf of Regeneron Pharmaceuticals, Inc.. (Baechtold, Robert) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 232 Filed: 12/11/2014, Entered: None Court Filing
ORDER: On December 10, 2014, a status conference was held in the above-referenced matter. As set forth on the record: 1. Regeneron shall respond to the "38 Questions" not later than December 19, 2014. 2. Regeneron shall make a motion relating to how this case should proceed not later than December 19, 2014. Opposition briefs are due not later than January 6, 2015. Reply briefs are due not later than January 13, 2015. 3. Merus shall file a letter regarding the continuation of discovery not later than December 22, 2014., ( Motions due by 12/19/2014., Responses due by 1/6/2015., Replies due by 1/13/2015.) (Signed by Judge Katherine B. Forrest on 12/11/2014) (lmb) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 231 Filed: 12/10/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Jeanna Wacker dated December 10, 2014 re: Extension of time to respond to D.I. 224. Document filed by Merus B.V..(Wacker, Jeanna) (Entered: 12/10/2014)
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Legal Document (Payment Possibly Required) 230 Filed: 12/9/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 227 Letter, filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 12/9/2014) (tn) (Entered: 12/09/2014)
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Legal Document (Payment Possibly Required) 229 Filed: 12/9/2014, Entered: None Court Filing
ORDER: In-person Status Conference set for 12/10/2014 at 12:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 12/9/2014) (tn) (Entered: 12/09/2014)
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Sealed Legal Document 228 Filed: 12/9/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 12/09/2014)
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Legal Document (Payment Possibly Required) 227 Filed: 12/9/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated December 9, 2014 re: Irell & Manella LLP's Motion For Leave To Withdraw. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration of David I. Gindler)(Gindler, David) (Entered: 12/09/2014)
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Legal Document (Payment Possibly Required) 226 Filed: 12/8/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated December 8, 2014 re: Request for a Status Conference. Document filed by Merus B.V.. (Attachments: # 1 Exhibit)(Carson, Patricia) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 225 Filed: 12/8/2014, Entered: None
ANSWER to Complaint., COUNTERCLAIM against Regeneron Pharmaceuticals, Inc.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit)(Carson, Patricia) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 224 Filed: 12/5/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Donald J. Curry dated December 5, 2014 re: Protective Order Prohibiting Disclosure of Regeneron Confidential Information to Dr. Geoffrey Davis. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Curry, Donald) (Entered: 12/05/2014)
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Legal Document (Payment Possibly Required) 223 Filed: 12/5/2014, Entered: None Court Filing
DISCOVERY ORDER #10 re: 203 Letter, filed by Merus B.V. On November 17, 2014, defendant Merus B.V. ("Merus") filed a letter-motion to compel Regeneron Pharmaceuticals, Inc. ("Regeneron") and Foley Hoag LLP to produce all documents previously withheld on the basis of attorney-client privilege, covering the same subject matter as the chart and memo prepared by Dr. Brendon T. Jones. Dr. Jones is an attorney with the law firm Foley Hoag, who acted as a patent agent in prosecuting the U.S. Patent No. 8,502,018 ("'018 Patent"). (ECF No. 203.) Regeneron and Foley Hoag oppose Merus's motion. (ECF Nos. 212, 213.) On November 24, 2014, the Court ordered that the metadata associated with Dr. Jones's chart and memo be produced and that all documents and communications "relating to groups or individuals who at the time of creation or subsequently thereto received a copy of the chart or memo" and those "referring or relating in any way to Dr. Jones's chart and memo" be provided to the Court for in camera review. (ECF No. 214.) For the reasons set forth below, Merus's motion is GRANTED as further set forth in this order. (Signed by Judge Katherine B. Forrest on 12/4/2014) (lmb) (Entered: 12/05/2014)
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Legal Document (Payment Possibly Required) 222 Filed: 12/4/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated December 4, 2014 re: Request for Extension of Schedule. Document filed by Merus B.V..(Carson, Patricia) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 221 Filed: 12/4/2014, Entered: None Court Filing
ORDER: The Court will issue an unredacted order on Merus's letter-motion to compel discovery (ECF No. 203) tomorrow at noon. The order quotes from several documents submitted for in camera review. The Court has separately emailed both parties with a redacted version of its order, and Regeneron and Foley Hoag with an unredacted version. (Signed by Judge Katherine B. Forrest on 12/4/2014) (lmb) (Entered: 12/04/2014)
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Legal Document (Payment Possibly Required) 220 Filed: 12/2/2014, Entered: None
NOTICE OF APPEARANCE by Donald Joseph Curry on behalf of Regeneron Pharmaceuticals, Inc.. (Curry, Donald) (Entered: 12/02/2014)
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Legal Document (Payment Possibly Required) 219 Filed: 11/26/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Donald R. Ware dated 11/26/2014 re: Cover Letter for In Camera Documents Ordered Under D.I. 214 and 217. Document filed by Foley Hoag LLP.(Michael, Charles) (Entered: 11/26/2014)
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Legal Document (Payment Possibly Required) 218 Filed: 11/26/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 11/26/2014 re: Cover Letter for In Camera Documents Ordered Under D.I. 214 and 217. Document filed by Regeneron Pharmaceuticals, Inc..(Michael, Charles) (Entered: 11/26/2014)
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Legal Document (Payment Possibly Required) 217 Filed: 11/25/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 216 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: If the Chart/memo were used in connection with providing legal advice or formulating strategy, those materials should be provided in camera. If there's something else you're thinking of, describe it in a cover letter with the materials you are providing. (Signed by Judge Katherine B. Forrest on 11/25/2014) (tro) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 216 Filed: 11/24/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 11/24/2014 re: Clarification of D.I. 214. Document filed by Regeneron Pharmaceuticals, Inc..(Michael, Charles) (Entered: 11/24/2014)
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Sealed Legal Document 215 Filed: 11/24/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 11/24/2014)
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Legal Document (Payment Possibly Required) 214 Filed: 11/24/2014, Entered: None Court Filing
ORDER: The Court has received Merus's letter motion to compel, dated November 17, 2014 (ECF No. 203), and Regeneron and Foley Hoag LLP's oppositions thereto (ECF Nos. 212, 213). Prior to the Court resolving the motion, Regeneron and/or Foley Hoag LLC shall submit the following not later than COB on Wednesday November 26, 2014 as further set forth in this order. (Signed by Judge Katherine B. Forrest on 11/24/2014) (lmb) (Entered: 11/24/2014)
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Legal Document (Payment Possibly Required) 213 Filed: 11/21/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 11/21/2014 re: Opposition to Merus Letter (D.I. 203). Document filed by Regeneron Pharmaceuticals, Inc..(Michael, Charles) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 212 Filed: 11/21/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Donald R. Ware dated 11/21/2014 re: Opposition to Merus Letter (D.I. 203). Document filed by Foley Hoag LLP. (Attachments: # 1 Affidavit Declaration of Brendan T. Jones, Ph.d, # 2 Exhibit Ex. A to Jones Decl., # 3 Exhibit Ex. B to Jones Decl., # 4 Exhibit Ex. C. to Jones Decl. (UNDER SEAL), # 5 Exhibit Ex. D to Jones Decl. (UNDER SEAL), # 6 Exhibit Ex. E to Jones Decl. (UNDER SEAL))(Michael, Charles) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 211 Filed: 11/21/2014, Entered: None Court Filing
ORDER granting 209 Letter Motion for Extension of Time to File Response/Reply. Application granted. (Signed by Judge Katherine B. Forrest on 11/21/2014) (lmb) (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 210 Filed: 11/21/2014, Entered: None Court Filing
OPINION & ORDER(CLAIM CONSTRUCTION) #105015: The Court's determinations as to claim construction are as set forth above. (Signed by Judge Katherine B. Forrest on 11/21/2014) (mro) Modified on 12/2/2014 (ca). (Entered: 11/21/2014)
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Legal Document (Payment Possibly Required) 209 Filed: 11/20/2014, Entered: None Court Filing
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to 203 Letter, addressed to Judge Katherine B. Forrest from Christopher P. Borello dated 11/20/2014. Document filed by Merus B.V., Regeneron Pharmaceuticals, Inc..(Michael, Charles) (Entered: 11/20/2014)
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Legal Document (Payment Possibly Required) 208 Filed: 11/18/2014, Entered: None Court Filing
ORDER granting 206 Letter Motion for Extension of Time. Application as to schedule granted. (Signed by Judge Katherine B. Forrest on 11/18/2014) (lmb) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 207 Filed: 11/18/2014, Entered: None
CERTIFICATE OF SERVICE of Sealed Letter and Exhibits served on Donald R. Ware o/b/o Foley Hoag, LLP on November 18, 2014. Service was made by Mail. Document filed by Merus B.V.. (Resetarits, Aaron) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 206 Filed: 11/18/2014, Entered: None Court Filing
SECOND LETTER MOTION for Extension of Time addressed to Judge Katherine B. Forrest from Brendan M. O'Malley dated 11/18/2014. Document filed by Regeneron Pharmaceuticals, Inc..(O'Malley, Brendan) (Entered: 11/18/2014)
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Sealed Legal Document 205 Filed: 11/18/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 204 Filed: 11/17/2014, Entered: None Court Filing
CERTIFICATE OF SERVICE of Letter Motion to Compel, Exhibits, Judge Forrest Individual Practices and Protective Order served on Donald R. Ware o/b/o Foley Hoag, LLP on November 17, 2014. Service was made by MAIL. Document filed by Merus B.V.. (Carson, Patricia) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 203 Filed: 11/17/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 11/17/2014 re: Motion to Compel (PUBLIC VERSION). Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Carson, Patricia) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 202 Filed: 11/17/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 201 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Based on the representations herein, the motion at ECF No. 199 is DENIED as moot with leave to renew. (Signed by Judge Katherine B. Forrest on 11/17/2014) (lmb) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 201 Filed: 11/14/2014, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from Josh B. Gordon and Peter B. Silverman dated November 14, 2014 re: Merus's Motion to Compel (D.I. 199). Document filed by Regeneron Pharmaceuticals, Inc..(Gordon, Josh) (Entered: 11/14/2014)
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Sealed Legal Document 200 Filed: 11/12/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 199 Filed: 11/11/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated November 11, 2014 re: motion to compel documents. Document filed by Merus B.V.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Silverman, Peter) (Entered: 11/11/2014)
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Legal Document (Payment Possibly Required) 198 Filed: 11/11/2014, Entered: None
NOTICE OF APPEARANCE by Robert Seth Schwartz on behalf of Regeneron Pharmaceuticals, Inc.. (Schwartz, Robert) (Entered: 11/11/2014)
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Legal Document (Payment Possibly Required) 197 Filed: 11/10/2014, Entered: None
NOTICE OF APPEARANCE by Christopher P. Borello on behalf of Regeneron Pharmaceuticals, Inc.. (Borello, Christopher) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 196 Filed: 11/10/2014, Entered: None
NOTICE OF APPEARANCE by Scott Kenneth Reed on behalf of Regeneron Pharmaceuticals, Inc.. (Reed, Scott) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 195 Filed: 11/10/2014, Entered: None
NOTICE OF APPEARANCE by Brendan Mathew O'Malley on behalf of Regeneron Pharmaceuticals, Inc.. (O'Malley, Brendan) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 194 Filed: 11/6/2014, Entered: None Court Filing
ORDER granting 193 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Katherine B. Forrest on 11/6/2014) (lmb) (Entered: 11/06/2014)
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Legal Document (Payment Possibly Required) 193 Filed: 11/6/2014, Entered: None Court Filing
JOINT LETTER MOTION for Extension of Time to File Joint Request For Extension Of Briefing Deadlines Set Forth In D.I. 173 addressed to Judge Katherine B. Forrest from David I. Gindler dated November 6, 2014. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 11/06/2014)
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Legal Document (Payment Possibly Required) 192 Filed: 11/3/2014, Entered: None Court Filing
JOINT STIPULATION OF DISMISSAL: 1. Regeneron's claim for infringement, both direct and indirect, literally and under the doctrine of equivalents, of the '018 patent, arising from the making, using, selling, offering for sale, or importing into the United States of the AlivaMab Mice accused of infringement in this action, including embryonic stem (ES) cells, vectors and precursor strains of mice created for the purpose of generating such AlivaMab Mice, are dismissed with prejudice. 2. Ablexis's counterclaim for a declaratory judgment of non-infringement, both direct and indirect, literally and under the doctrine of equivalents, of the '018 patent arising from the making, using, selling, offering for sale, or importing into the United States of the AlivaMab Mice accused of infringement in this action, including embryonic stem (ES) cells, vectors and precursor strains of mice created for the purpose of generating such AlivaMab Mice, are dismissed with prejudice. 3. Ablexis's counterclaim for a declaratory judgment that the '018 patent, and each of its claims, is invalid are dismissed with prejudice. 4. Ablexis acknowledges and agrees that the '018 patent, and each of its claims, is valid and enforceable. 5. Each party shall bear its own attorneys' fees and costs incurred in connection with the above-captioned action. So ordered. Ablexis (not Merus) is dismissed from this case., Ablexis LLC terminated. (Signed by Judge Katherine B. Forrest on 11/3/2014) (lmb) (Entered: 11/03/2014)
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Legal Document (Payment Possibly Required) 191 Filed: 10/27/2014, Entered: None
ANSWER to 1 Complaint., COUNTERCLAIM against Merus B.V.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit)(Carson, Patricia) (Entered: 10/27/2014)
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Legal Document (Payment Possibly Required) 190 Filed: 10/24/2014, Entered: None Court Filing
ORDER re: (177 in 1:14-cv-01650-KBF) Letter, filed by Regeneron Pharmaceuticals, Inc., (185 in 1:14-cv-01650-KBF) Letter, filed by Johnson & Johnson Development Corporation: that Regeneron's motion is GRANTED IN PART and DENIED IN PART; and JJDC's motion for a protective order is GRANTED to the extent and in the manner as further specified in this order. (Signed by Judge Katherine B. Forrest on 10/24/2014) (tn) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 189 Filed: 10/24/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Richard W. Krebs dated October 24, 2014 re: Regeneron's Opposition To JJDC's Motion For A Protective Order (D.I. 185). Document filed by Regeneron Pharmaceuticals, Inc..(Krebs, Richard) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 188 Filed: 10/24/2014, Entered: None Court Filing
ORDER re: 185 Letter. On 10/21/2014, Johnson & Johnson Development Corporation submitted a letter motion requesting a protective order. (ECF No. 185.) The Court intends to resolve this issue today. Accordingly, plaintiff shall file a response to JJDC's letter, if it has any, by 4:00 p.m. today. (Signed by Judge Katherine B. Forrest on 10/24/2014) (tro) Modified on 10/24/2014 (tro). (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 187 Filed: 10/21/2014, Entered: None Court Filing
MEMO ENDORSEMENT re: 124 in 14-cv-1651. ENDORSEMENT: Application granted. ( Deposition due by 2/20/2015., Fact Discovery due by 12/5/2014., Motions due by 2/23/2015., Pretrial Order due by 5/28/2015., Responses due by 3/13/2015., Replies due by 3/23/2015.) (Signed by Judge Katherine B. Forrest on 10/21/2014) (lmb) Modified on 10/21/2014 (lmb). (Entered: 10/21/2014)
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Legal Document (Payment Possibly Required) 186 Filed: 10/21/2014, Entered: None
DECLARATION of Matthew Funk in Support re: 185 Letter,. Document filed by Johnson & Johnson Development Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Funk, Matthew) (Entered: 10/21/2014)
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Legal Document (Payment Possibly Required) 185 Filed: 10/21/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Scott B. Howard dated October 21, 2014 re: Johnson & Johnson Development Corporation's Request for a Protective Order. Document filed by Johnson & Johnson Development Corporation.(Howard, Scott) (Entered: 10/21/2014)
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Legal Document (Payment Possibly Required) 184 Filed: 10/17/2014, Entered: None Court Filing
MEMORANDUM DECISION AND ORDER. For the reasons set forth in this Memorandum Decision and Order, the defendants' motion is GRANTED in part and DENIED in part. (Signed by Judge Katherine B. Forrest on 10/17/2014) (rjm) (Entered: 10/20/2014)
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Legal Document (Payment Possibly Required) 183 Filed: 10/17/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Matthew Funk dated October 17, 2014 re: Court Order Dated 10/17/14. Document filed by Johnson & Johnson Development Corporation.(Funk, Matthew) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 182 Filed: 10/17/2014, Entered: None Court Filing
DISCOVERY ORDER #8: Accordingly, the parties shall proceed as follows with regard to the Document: 1. Defendants shall question Murphy at his deposition regarding the events relating to the invention set forth in the '018 Patent. 2. Defendants may retain copies of the Document until the conclusion of the deposition, as set forth below. 3. If during the deposition, defendants establish that Murphy's testimony reflects a recollection materially different from that set forth in the Document, the defendants may mark the Document and proceed to further examine Murphy regarding its contents. 4. If Murphy's testimony does not reflect a materially different recollection of events from that set forth in the Document, defendants shall have no need for the Document and shall be able instead to use the content of the deposition transcript for all purposes. In such case, within 24 hours following the deposition, defendants shall return or destroy all copies of the Document and confirm to plaintiff the same. 5. The parties shall call the Court during the Murphy deposition should they disagree as to whether his recollection differs in a material way from that reflected in the Document. (Signed by Judge Katherine B. Forrest on 10/17/2014) (lmb) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 181 Filed: 10/17/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (177 in 1:14-cv-01650-KBF) Letter, filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: JJDC should provide copies of the referenced documents for in camera review, with its opposition. (Signed by Judge Katherine B. Forrest on 10/17/2014) (lmb) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 180 Filed: 10/17/2014, Entered: None
OPPOSITION BRIEF re: 177 Letter,,, Letter Brief in Opposition to Plaintiff Regeneron Pharmaceuticals, Inc.'s Motion to Compel. Document filed by Johnson & Johnson Development Corporation.(Howard, Scott) (Entered: 10/17/2014)
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Sealed Legal Document 179 Filed: 10/17/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 178 Filed: 10/16/2014, Entered: None
CERTIFICATE OF SERVICE of D.I. 177, with accompanying exhibits served on Johnson & Johnson Development Corporation on October 16, 2014. Service was made by Mail. Document filed by Regeneron Pharmaceuticals, Inc.. (Krebs, Richard) (Entered: 10/16/2014)
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Sealed Legal Document 177 Filed: 10/16/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Richard W. Krebs dated October 16, 2014 re: Regeneron's Request For In Camera Review And Production Of Unredacted JJDC Documents. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal), # 3 Exhibit 3 (Filed Under Seal), # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5 (Filed Under Seal), # 6 Exhibit 6 (Filed Under Seal), # 7 Exhibit 7 (Filed Under Seal), # 8 Exhibit 8 (Filed Under Seal), # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10 (Filed Under Seal), # 11 Exhibit 11 (Filed Under Seal), # 12 Exhibit 12 (Filed Under Seal), # 13 Exhibit 13 (Filed Under Seal), # 14 Exhibit 14 (Filed Under Seal), # 15 Exhibit 15 (Filed Under Seal), # 16 Exhibit 16 (Filed Under Seal), # 17 Exhibit 17 (Filed Under Seal))(Krebs, Richard) (Entered: 10/16/2014)
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Legal Document (Payment Possibly Required) 176 Filed: 10/14/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (174 in 1:14-cv-01650-KBF) Letter filed by Merus B.V. ENDORSEMENT: Motion at ECF No. 125 terminated as moot in light of the forthcoming amendment., Motions terminated: (125 in 1:14-cv-01650-KBF) MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. filed by Regeneron Pharmaceuticals, Inc. (Signed by Judge Katherine B. Forrest on 10/14/2014) (lmb) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 175 Filed: 10/14/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (118 in 1:14-cv-01651-KBF) Letter, filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Regeneron shall provide the Court with the "Document" for in camera review not later than 5 pm (C.O.B.) today (10/14/14). (Signed by Judge Katherine B. Forrest on 10/14/2014) (lmb) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 174 Filed: 10/13/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated October 13, 2014 re: Response pursuant to Court Order D.I. 173. Document filed by Merus B.V..(Carson, Patricia) (Entered: 10/13/2014)
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Legal Document (Payment Possibly Required) 173 Filed: 10/10/2014, Entered: None Court Filing
ORDER: The Court has reviewed various submissions regarding plaintiff's Motion to Dismiss Merus B.V.'s Third Counterclaim For Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. (ECF Nos. 126, 149, 172 (14-cv-1650).) If Merus would like to file an Amended Counterclaim - including facts it has submitted in its response to the instant motion or other facts not mentioned - it shall notify the Court by Monday, October 13, 2014 (COB). If it does so, the parties shall adhere to the following schedule as further set forth in this order. If Merus notifies the Court by Monday of its intention to file an Amended Counterclaim, the Court would accept that amendment and terminate the instant motion as moot., ( Amended Pleadings due by 10/27/2014., Motions due by 11/10/2014., Responses due by 11/24/2014., Replies due by 12/1/2014.) (Signed by Judge Katherine B. Forrest on 10/10/2014) (lmb) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 172 Filed: 10/9/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 125 MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. . Document filed by Regeneron Pharmaceuticals, Inc.. (Gindler, David) (Entered: 10/09/2014)
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Legal Document (Payment Possibly Required) 171 Filed: 10/9/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (112 in 1:14-cv-01651-KBF) Letter filed by Ablexis LLC. ENDORSEMENT: Regeneron should include a copy of the document with its response to this motion -- for in camera review. (Signed by Judge Katherine B. Forrest on 10/9/2014) (lmb) (Entered: 10/09/2014)
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Legal Document (Payment Possibly Required) 170 Filed: 10/9/2014, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Matthew Funk dated 10/7/2014 re: In response to this morning's order by the Court, please find enclosed unredacted copies of Exhibits 9, 10, and 11 to Regeneron Pharmaceuticals' October 1, 2014 letter, (D.I. 157). Also enclosed is a courtesy copy of JJDC's October 6, 2014 letter in response, (D.I. 163). ENDORSEMENT: The Court has reviewed Exs. 9, 10 and 11 in camera in unredacted form. The Court agrees that the materials/information was appropriately redacted. The Regeneron motion is now terminated; it is DENIED. (Additional specific documents may always be raised with the Court for a specific ruling). (Signed by Judge Katherine B. Forrest on 10/8/2014) (lmb) (Entered: 10/09/2014)
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Legal Document (Payment Possibly Required) 169 Filed: 10/9/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated October 9, 2014 re: Regeneron's Response Pursuant To Court Order D.I. 166. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Gindler, David) (Entered: 10/09/2014)
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Legal Document (Payment Possibly Required) 168 Filed: 10/9/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated October 9, 2014 re: Response pursuant to Court Order D.I. 166. Document filed by Merus B.V.. (Attachments: # 1 Exhibit)(Silverman, Peter) (Entered: 10/09/2014)
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Sealed Legal Document 167 Filed: 10/8/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 10/08/2014)
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Legal Document (Payment Possibly Required) 166 Filed: 10/7/2014, Entered: None Court Filing
ORDER: In connection with the Court's resolution of Regeneron's motion to amend its infringement contentions, the Court would like the parties to submit letters as to the way in which Regeneron's inability to break its claim into constituent elements (per Discovery Order No. 6) impacts legal or factual issues relevant to resolution of this matter as further set forth in this order. In addition, the parties should inform the Court whether any of the following would assist in a more efficient litigation process: 1. Defendants break the Regeneron claims into constituent elements - since Regeneron wouldn't - and doing so might assist in certain efficiencies; 2. The Court break the Regeneron claim into constituent elements to achieve the efficiencies; 3. The Court require Regeneron to break its claims into constituent elements with some appropriate penalty for its delay in doing so (costs incurred in unnecessary motion practice?). Any submissions should be received not later than October 9, 2014, by C.O.B. (Signed by Judge Katherine B. Forrest on 10/7/2014) (lmb) (Entered: 10/07/2014)
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Legal Document (Payment Possibly Required) 165 Filed: 10/7/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 163 Opposition Brief filed by Johnson & Johnson Development Corporation. ENDORSEMENT: It is one thing to represent a scope of production based on burden, and another to go to the extra work of redacting information from documents you have decided are otherwise responsive. In such case, the burden argument mutates into a substantive sword. Provide the documents in unredacted form at Exs. 9, 10, 11 to the Regeneron letter dated October 1, 2014, by C.O.B. today for in camera review. Submission shall be in hard copy delivered to chambers. (Signed by Judge Katherine B. Forrest on 10/7/2014) (lmb) (Entered: 10/07/2014)
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Sealed Legal Document 164 Filed: 10/6/2014, Entered: None
BRIEF re: 152 Brief,,, Regeneron's Reply Memorandum In Support Of Motion For Leave To Amend Its Infringement Contentions. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration Of Richard W. Krebs, # 2 Exhibit 19 (Filed Under Seal), # 3 Exhibit 20, # 4 Exhibit 21, # 5 Exhibit 22, # 6 Exhibit 23)(Gindler, David) (Entered: 10/06/2014)
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Legal Document (Payment Possibly Required) 163 Filed: 10/6/2014, Entered: None
OPPOSITION BRIEF re: 157 Letter,, Letter Brief in Opposition to Plaintiff Regeneron Pharmaceuticals, Inc.'s Motion to Compel. Document filed by Johnson & Johnson Development Corporation.(Howard, Scott) (Entered: 10/06/2014)
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Legal Document (Payment Possibly Required) 162 Filed: 10/6/2014, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/12/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/06/2014)
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Legal Document (Payment Possibly Required) 161 Filed: 10/6/2014, Entered: None Court Filing
TRANSCRIPT of Proceedings re: HEARING held on 9/12/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/7/2015.(McGuirk, Kelly) (Entered: 10/06/2014)
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Legal Document (Payment Possibly Required) 160 Filed: 10/2/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 155 Letter filed by Merus B.V. ENDORSEMENT: The Court will allow the reply. (Signed by Judge Katherine B. Forrest on 10/1/2014) (lmb) (Entered: 10/02/2014)
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Sealed Legal Document 159 Filed: 10/2/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 10/02/2014)
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Legal Document (Payment Possibly Required) 158 Filed: 10/1/2014, Entered: None
CERTIFICATE OF SERVICE of Regeneron's Motion to Compel JJDC (Dkt. 157) & Accompanying Exhibits served on Johnson & Johnson Development Corporation, c/o Matthew Funk, Esq. on October 1, 2014. Service was made by Mail. Document filed by Regeneron Pharmaceuticals, Inc.. (Krebs, Richard) (Entered: 10/01/2014)
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Sealed Legal Document 157 Filed: 10/1/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Richard W. Krebs dated October 1, 2014 re: Regeneron's Motion To Compel JJDC re Redactions, Internal Documents. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 (Filed Under Seal), # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10 (Filed Under Seal), # 11 Exhibit 11 (Filed Under Seal))(Krebs, Richard) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 156 Filed: 10/1/2014, Entered: None Court Filing
ORDER granting 154 Letter Motion for Leave to File Excess Pages. Application granted. (Signed by Judge Katherine B. Forrest on 10/1/2014) (lmb) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 155 Filed: 10/1/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from James H. McConnell dated October 1, 2014 re: Response to D.I. 154. Document filed by Merus B.V..(McConnell, James) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 154 Filed: 9/30/2014, Entered: None Court Filing
LETTER MOTION for Leave to File Excess Pages Regenerons Request For Leave To Submit A Reply Memorandum addressed to Judge Katherine B. Forrest from David I. Gindler dated September 30, 2014. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gindler, David) (Entered: 09/30/2014)
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Sealed Legal Document 153 Filed: 9/30/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 09/30/2014)
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Sealed Legal Document 152 Filed: 9/30/2014, Entered: None
BRIEF re: 151 Brief in Response to Regeneron Pharmaceuticals, Inc.'s Motion for Leave to Amend Infringement Contentions. Document filed by Merus B.V.. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Ex. 1 Filed Under Seal, # 3 Exhibit Ex.2, # 4 Exhibit Ex.3 Filed Under Seal, # 5 Exhibit Ex.4 Filed Under Seal, # 6 Exhibit Ex. 5 Filed Under Seal, # 7 Exhibit Ex.6, # 8 Exhibit Ex.7, # 9 Exhibit Ex. 8, # 10 Exhibit Ex. 9, # 11 Exhibit Ex. 10, # 12 Exhibit Ex. 11, # 13 Exhibit Ex. 12, # 14 Exhibit Ex. 13, # 15 Exhibit Ex. 14 Filed Under Seal, # 16 Exhibit Ex. 15, # 17 Exhibit Ex. 16 Filed Under Seal, # 18 Exhibit Ex.17, # 19 Exhibit Ex.18 Part One, # 20 Exhibit Ex. 18 Part Two, # 21 Exhibit Ex.19)(McConnell, James) (Entered: 09/30/2014)
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Legal Document (Payment Possibly Required) 151 Filed: 9/29/2014, Entered: None
BRIEF re: 145 Brief,,, in Response to Regeneron Pharmaceuticals, Inc.'s Motion for Leave to Amend Infringement Contentions. Document filed by Merus B.V..(McConnell, James) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 150 Filed: 9/29/2014, Entered: None
DECLARATION of Aaron D. Resetarits in Opposition re: 125 MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Carson, Patricia) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 149 Filed: 9/29/2014, Entered: None
RESPONSE to Motion re: 125 MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. . Document filed by Merus B.V.. (Carson, Patricia) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 148 Filed: 9/23/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 140 Letter filed by AstraZeneca Pharmaceuticals, L.P. ENDORSEMENT: So ordered. AZ's efforts as set forth herein are reasonable under the circumstances. Any additional discovery Merus seeks from AZ must be sought by separate subpoena if at all. (Signed by Judge Katherine B. Forrest on 9/23/2014) (lmb) (Entered: 09/23/2014)
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Sealed Legal Document 147 Filed: 9/23/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 146 Filed: 9/23/2014, Entered: None Court Filing
ORDER: The Court has received numerous letters submitted since the Markman hearing on September 12, 2014, and will respond to the letters in its decision. The parties should not submit any further letters related to Markman issues. (Signed by Judge Katherine B. Forrest on 9/22/2014) (djc) Modified on 9/23/2014 (djc). (Entered: 09/23/2014)
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Sealed Legal Document 145 Filed: 9/22/2014, Entered: None
SUPPLEMENTAL BRIEF re: 127 Letter,,, Regeneron's Memorandum in support of Its Motion for Leave to Amend Its Infringement Contentions. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration of Richard W. Krebs, # 2 Exhibit 1 (Filed Under Seal), # 3 Exhibit 2 (Filed Under Seal), # 4 Exhibit 3, # 5 Exhibit 4 (Filed Under Seal), # 6 Exhibit 5, # 7 Exhibit 6 (Filed Under Seal), # 8 Exhibit 7 (Filed Under Seal), # 9 Exhibit 8, # 10 Exhibit 9 (Filed Under Seal), # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12 (Filed Under Seal), # 14 Exhibit 13 (Filed Under Seal), # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17 (Filed Under Seal), # 19 Exhibit 18)(Gindler, David) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 144 Filed: 9/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David Gindler dated September 22, 2014 re: Merus Reply Letter (Dkt. No. 139). Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 143 Filed: 9/22/2014, Entered: None
NOTICE OF APPEARANCE by Margarita Wallach on behalf of AstraZeneca Pharmaceuticals, L.P.. (Wallach, Margarita) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 142 Filed: 9/22/2014, Entered: None
DECLARATION of Margarita Wallach re: 135 Letter, . Document filed by AstraZeneca Pharmaceuticals, L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wallach, Margarita) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 141 Filed: 9/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated September 22, 2014 re: Regeneron's Response to D.I. 135. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 140 Filed: 9/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Margarita Wallach dated September 22, 2014 re: Subpoena to AstraZeneca Pharmaceuticals LP. Document filed by AstraZeneca Pharmaceuticals, L.P..(Wallach, Margarita) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 139 Filed: 9/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated September 22, 2014 re: Response to [D.I. 138] letter from David Gindler. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 6)(Carson, Patricia) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 138 Filed: 9/19/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David Gindler dated September 19, 2014 re: Merus letter dated 09/16/2014 (Dkt. No. 131). Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gindler, David) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 137 Filed: 9/19/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 135 Letter, filed by Merus B.V. ENDORSEMENT: 1. Defendant Merus to serve A.Z. with this order. 2. Any opposition by A.Z. or any other party to the instant motion shall be filed not later than 5pm on 9/22/14. No replies., ( Responses due by 9/22/2014.) (Signed by Judge Katherine B. Forrest on 9/19/2014) (lmb) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 136 Filed: 9/19/2014, Entered: None Court Filing
CERTIFICATE OF SERVICE of Motion to compel, supporting exhibits, cover letter and Judge Forrest Individual Practices served on AstraZeneca Pharmaceuticals on September 18, 2014. Service was accepted by Rodriguez o/b/o Margarita Wallach. Service was made by Mail. Document filed by Merus B.V.. (Resetarits, Aaron) (Entered: 09/19/2014)
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Legal Document (Payment Possibly Required) 135 Filed: 9/18/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated September 18, 2014 re: Subpoena to AstraZeneca Pharmaceuticals LP. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Silverman, Peter) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 134 Filed: 9/17/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (132 in 1:14-cv-01650-KBF) Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: This is an important issue and the Court would benefit from full briefing. If Regeneron wishes to add any additional arguments/citations it may do so by letter or memorandum (I am frankly indifferent as to how the motion is briefed), not later than Monday, 9/22/14. Any defendant may respond not later than 9/29/14. Length is limited to 20 double-spaced pages (or, 10 single spaced if in letter form)., ( Motions due by 9/22/2014., Responses due by 9/29/2014.) (Signed by Judge Katherine B. Forrest on 9/17/2014) (lmb) (Entered: 09/17/2014)
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Legal Document (Payment Possibly Required) 133 Filed: 9/17/2014, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Charles Michael dated 9/17/2014 re: On behalf of the plaintiff in the above cases, Regeneron Pharmaceuticals, Inc., I enclose, pursuant to the Court's request at Friday's claims construction hearing, courtesy copies of (i) the hearing transcript, (ii) the deposition transcripts of the parties' experts, Dr. Jeffrey Ravetch, Dr. Raphael Clynes and Dr. William Garrard. ENDORSEMENT: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/17/2014) (lmb) (Entered: 09/17/2014)
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Legal Document (Payment Possibly Required) 132 Filed: 9/17/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated September 17, 2014 re: Regeneron's Opposition to Merus's Request. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/17/2014)
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Legal Document (Payment Possibly Required) 131 Filed: 9/16/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated September 16, 2014 re: Evidence from Markman Hearing. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Carson, Patricia) (Entered: 09/16/2014)
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Legal Document (Payment Possibly Required) 130 Filed: 9/16/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated September 16, 2014 re: Request to file Memorandum of Law in Opposition to D.I. 127. Document filed by Merus B.V..(Carson, Patricia) (Entered: 09/16/2014)
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Sealed Legal Document 129 Filed: 9/16/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 09/16/2014)
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Legal Document (Payment Possibly Required) 128 Filed: 9/16/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Charles Michael dated 9/16/2014 re: Claim Construction Hearing Slides. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Exh. 1 - Technology Tutorial, # 2 Exhibit Exh. 2, Part 1 - Claim Construction PowerPoint, # 3 Exhibit Exh. 2, Part 2 - Claim Construction PowerPoint)(Michael, Charles) (Entered: 09/16/2014)
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Sealed Legal Document 127 Filed: 9/15/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated September 15, 2014 re: Regeneron's Motion for Leave to Amend Its Infringement Contentions. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal), # 3 Exhibit 3, # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5, # 6 Exhibit 6 (Filed Under Seal), # 7 Exhibit 7 (Filed Under Seal), # 8 Exhibit 8, # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17 (Filed Under Seal), # 18 Exhibit 18, # 19 Exhibit 19 (Filed Under Seal), # 20 Exhibit 20, # 21 Exhibit 21)(Gindler, David) (Entered: 09/15/2014)
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Legal Document (Payment Possibly Required) 126 Filed: 9/12/2014, Entered: None
MEMORANDUM OF LAW in Support re: 125 MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. . Document filed by Regeneron Pharmaceuticals, Inc.. (Gindler, David) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 125 Filed: 9/12/2014, Entered: None
MOTION to Dismiss Merus's Third Counterclaim for Declaration of Unenforceability of the '018 Patent and Strike Portions of Merus's Third Defense of Invalidity. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/12/2014)
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Legal Document (Payment Possibly Required) 124 Filed: 9/10/2014, Entered: None Court Filing
ORDER: The Court provides the following direction regarding the Markman hearing scheduling for Friday, September 12, 2014: 1. The morning session (9:00am - 12:30pm) shall consist of testimony by the proposed experts, including tutorial (addressing in particular the items below) and any substance they would like to emphasize, with time split evenly between each side as further set forth in this order. 2. The Court would benefit from additional tutorial and information as to the following topics as further set forth in this order. 3. The afternoon session (2:00pm - 5:00pm) shall consist of the Markman oral argument, with each side having 1.5 hours allocated., ( Markman Hearing set for 9/12/2014 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/10/2014) (lmb) (Entered: 09/10/2014)
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Legal Document (Payment Possibly Required) 123 Filed: 9/8/2014, Entered: None
DECLARATION of Jeffrey V. Ravetch, M.D., Ph.D. (ERRATA) in Support re: 96 Brief, 108 Sealed Document. Document filed by Regeneron Pharmaceuticals, Inc.. (Michael, Charles) (Entered: 09/08/2014)
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Legal Document (Payment Possibly Required) 122 Filed: 9/8/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 118 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: It is hereby ORDERED that the following persons are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the actions captioned Regeneron Pharmaceuticals, Inc. v. Merus, B. V., No. 14 Civ. 1650 (S.D.N.Y.) and Regeneron Pharmaceuticals, Inc. v. Ablexis, LLC, No. 14 Civ. 1651 (S.D.N.Y.). The dates(s) for which such authorization is provided are September 11 and 12, 2014. (Signed by Judge Katherine B. Forrest on 9/8/2014) (lmb) (Entered: 09/08/2014)
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Legal Document (Payment Possibly Required) 121 Filed: 9/8/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 111 Motion for Yite John Lu to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 9/5/2014) (lmb) (Entered: 09/08/2014)
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Legal Document (Payment Possibly Required) 120 Filed: 9/5/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated September 5, 2014 re: Technology Tutorial. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/05/2014)
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Legal Document (Payment Possibly Required) 119 Filed: 9/5/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 9/5/2014 re: Technical Tutorial. Document filed by Merus B.V..(Carson, Patricia) (Entered: 09/05/2014)
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Legal Document (Payment Possibly Required) 118 Filed: 9/5/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Charles Michael dated September 5, 2014 re: Joint Request to Bring A/V Equipment to Claims Construction Hearing. Document filed by Regeneron Pharmaceuticals, Inc..(Michael, Charles) (Entered: 09/05/2014)
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Sealed Legal Document 117 Filed: 9/4/2014, Entered: None
SEALED DOCUMENT placed in vault.(rz) (Entered: 09/05/2014)
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Legal Document (Payment Possibly Required) 116 Filed: 9/4/2014, Entered: None
DECLARATION of William T. Garrard, Ph.D. in Support re: 114 Brief. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 42, # 2 Exhibit 43, # 3 Exhibit 44)(Silverman, Peter) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 115 Filed: 9/4/2014, Entered: None
DECLARATION of Dr. Raphael Clynes in Support re: 114 Brief. Document filed by Merus B.V.. (Attachments: # 1 Appendix A, # 2 Exhibit 2A, # 3 Exhibit 55, # 4 Exhibit 56, # 5 Exhibit 57, # 6 Exhibit 58, # 7 Exhibit 59, # 8 Exhibit 60, # 9 Exhibit 61, # 10 Exhibit 62)(Silverman, Peter) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 114 Filed: 9/4/2014, Entered: None
BRIEF re: 107 Brief,,,, Defendants' Sur-Reply Claim Construction Brief. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A)(Silverman, Peter) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 113 Filed: 9/4/2014, Entered: None
DECLARATION of Yite John Lu re: 107 Brief,,,, Corrected Declaration of Yite John Lu ISO Regeneron's Reply Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 40 (Corrected))(Gindler, David) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 112 Filed: 9/4/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 110 Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Application granted., Regeneron Pharmaceuticals, Inc. answer due 9/12/2014. (Signed by Judge Katherine B. Forrest on 9/3/2014) (lmb) (Entered: 09/04/2014)
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Legal Document (Payment Possibly Required) 111 Filed: 9/3/2014, Entered: None
MOTION for Yite John Lu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10061375. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Lu, Yite) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 110 Filed: 9/3/2014, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated September 3, 2014 re: Extension of Time to Respond to Merus's First Amended Counterclaims. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 09/03/2014)
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Legal Document (Payment Possibly Required) 109 Filed: 8/29/2014, Entered: None
DECLARATION re: 107 Brief,,,, Yite John Lu. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 43, # 2 Exhibit 43-A)(Gindler, David) (Entered: 08/29/2014)
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Sealed Legal Document 108 Filed: 8/28/2014, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 08/29/2014)
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Legal Document (Payment Possibly Required) 107 Filed: 8/28/2014, Entered: None
BRIEF Repl Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Yite John Lu, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Affidavit of Jeffrey V. Ravetch)(Gindler, David) (Entered: 08/28/2014)
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Sealed Legal Document 106 Filed: 8/21/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 08/22/2014)
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Legal Document (Payment Possibly Required) 105 Filed: 8/21/2014, Entered: None
DECLARATION of Raphael Clynes re: 103 Brief . Document filed by Merus B.V.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 1, # 4 2, # 5 3, # 6 4, # 7 5, # 8 6, # 9 7A, # 10 7B, # 11 8A, # 12 8B, # 13 8C, # 14 9, # 15 10, # 16 11, # 17 12, # 18 13, # 19 14, # 20 15, # 21 16, # 22 17, # 23 18, # 24 19, # 25 20A, # 26 20B, # 27 21, # 28 22, # 29 23, # 30 24, # 31 25, # 32 26A, # 33 26B, # 34 25, # 35 28, # 36 29, # 37 30, # 38 31, # 39 32, # 40 33, # 41 34, # 42 35A, # 43 35B, # 44 36, # 45 37, # 46 38, # 47 39, # 48 40, # 49 41, # 50 42, # 51 43, # 52 44, # 53 45, # 54 46, # 55 47, # 56 48, # 57 49, # 58 50, # 59 51, # 60 52, # 61 53, # 62 54)(Carson, Patricia) (Entered: 08/21/2014)
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Legal Document (Payment Possibly Required) 104 Filed: 8/21/2014, Entered: None
DECLARATION of William T. Garrard, Ph.D. re: 103 Brief . Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22A, # 23 Exhibit 22B, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41)(Carson, Patricia) (Entered: 08/21/2014)
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Legal Document (Payment Possibly Required) 103 Filed: 8/21/2014, Entered: None
BRIEF re: 96 Brief, Defendants' Responsive Claim Construction Brief. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A)(Carson, Patricia) (Entered: 08/21/2014)
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Legal Document (Payment Possibly Required) 102 Filed: 8/20/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 99 Motion for Keith A. Orso to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 8/20/2014) (tn) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 101 Filed: 8/20/2014, Entered: None
NOTICE OF APPEARANCE by Jeanna Marie Wacker on behalf of Merus B.V.. (Wacker, Jeanna) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 100 Filed: 8/20/2014, Entered: None
NOTICE OF APPEARANCE by Aaron Dennis Resetarits on behalf of Merus B.V.. (Resetarits, Aaron) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 99 Filed: 8/19/2014, Entered: None
MOTION for Keith Andrew Orso to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Standing)(Orso, Keith) (Entered: 08/19/2014)
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Legal Document (Payment Possibly Required) 98 Filed: 8/18/2014, Entered: None
FIRST AMENDED COUNTERCLAIM amending 72 Answer to Complaint, Counterclaim against Regeneron Pharmaceuticals, Inc..Document filed by Merus B.V.. Related document: 72 Answer to Complaint, Counterclaim filed by Merus B.V.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38)(Carson, Patricia) (Entered: 08/18/2014)
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Legal Document (Payment Possibly Required) 97 Filed: 8/18/2014, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Keith Andrew Orso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10009100. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Standing)(Orso, Keith) Modified on 8/18/2014 (bcu). (Entered: 08/18/2014)
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Legal Document (Payment Possibly Required) 96 Filed: 8/11/2014, Entered: None
BRIEF Regeneron's Opening Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Declaration of Jeffrey V. Ravetch, M.D., Ph.D., # 2 Exhibit A to the Ravetch Declaration, # 3 Affidavit Declaration of Richard W. Krebs, # 4 Exhibit 1 to the Krebs Declaration, # 5 Exhibit 2 to the Krebs Declaration)(Gindler, David) (Entered: 08/11/2014)
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Legal Document (Payment Possibly Required) 95 Filed: 8/11/2014, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - BRIEF Regeneron's Opening Claim Construction Brief. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) Modified on 8/19/2014 (db). (Entered: 08/11/2014)
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Legal Document (Payment Possibly Required) 94 Filed: 8/4/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (66 in 1:14-cv-01651-KBF) Letter filed by Regeneron Pharmaceuticals, Inc., (90 in 1:14-cv-01650-KBF) Letter filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Request granted. (Brief due by 8/11/2014. Reply to Response to Brief due by 8/28/2014. Responses to Brief due by 8/21/2014, Surreplies due by 9/4/2014.) (Signed by Judge Katherine B. Forrest on 8/4/2014) (tro) (Entered: 08/04/2014)
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Legal Document (Payment Possibly Required) 93 Filed: 8/1/2014, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/24/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 92 Filed: 8/1/2014, Entered: None Court Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/24/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Rodriguez, Somari) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 91 Filed: 8/1/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated August 1, 2014 re: Discovery Order No. 7. Document filed by Merus B.V..(Silverman, Peter) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 90 Filed: 8/1/2014, Entered: None Court Filing
JOINT LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated August 1, 2014 re: Requesting Modification To Claim Construction Briefing Schedule. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 89 Filed: 7/28/2014, Entered: None
JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gindler, David) (Entered: 07/28/2014)
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Legal Document (Payment Possibly Required) 88 Filed: 7/24/2014, Entered: None Court Filing
ORDER: the parties shall next appear before the undersigned at the Markman hearing scheduled for September 12, 2014. The parties shall alert the Court if they believe it is necessary to have a technical tutorial prior to that date. For the sake of clarification, the Court notes that during the May 22, 2014 conference, it did, in fact, allow the parties' claim construction briefs to be filed consecutively, not simultaneously. (See 5/22/14 Tr. at 16.) In fairness, in the absence of agreement, the parties shall file as stated on May 22, 2014. This means: plaintiff's opening, defendants' response, plaintiff's reply, and a sur-reply from the defendants if necessary. The Court also notes that, as stated on the record, the discovery issue raised by Ablexis concerning documents related to the prosecution of non-U.S. patent applications related to the '018 patent-in-suit has, for the moment, been deemed moot. The parties shall inform the Court if they are unable to reach agreement on the issues raised therein. (Signed by Judge Katherine B. Forrest on 7/24/2014) (tn) (Entered: 07/25/2014)
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Legal Document (Payment Possibly Required) 87 Filed: 7/24/2014, Entered: None
ANSWER to 72 Counterclaim. Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 07/24/2014)
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Legal Document (Payment Possibly Required) 86 Filed: 7/23/2014, Entered: None Court Filing
ORDER: The status conference previously scheduled for July 24, 2014 at 12:00 p.m. is hereby rescheduled to 11:00 a.m. that day. (Status Conference set for 7/24/2014 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/23/2014) (tn) (Entered: 07/23/2014)
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Legal Document (Payment Possibly Required) 85 Filed: 7/23/2014, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Patrice Boucaud dated 7/23/2014 re: Attached please find a Standing Order application for electronic devices for the Status Conference scheduled for July 24, 2014. ENDORSEMENT: Please copy all counsel when communicating with the Court on any issue. (Signed by Judge Katherine B. Forrest on 7/23/2014) (kgo) (Entered: 07/23/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 7/23/2014, Entered: None
NOTICE OF APPEARANCE by Leora Ben-Ami on behalf of Merus B.V.. (Ben-Ami, Leora) (Entered: 07/23/2014)
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Legal Document (Payment Possibly Required) 83 Filed: 7/22/2014, Entered: None Court Filing
DISCOVERY ORDER #7 To focus on the real issue here, the Court orders that Regeneron answer the following Interrogatory within seven calendar days, using the definitions set forth in Merus's Interrogatories for defined terms: 1. Did any person working for or with Regeneron on the prosecution of the '018 Patent know or have awareness of the Bruggeman & Neuberger (1996) and Taki (1993) references identified in the European Opposition relating to European patent prosecution for European Patent No. 1 360 287 Bl, prior to the issuance of the '018 Patent? 2. If any individual is identified in response to Court Interrogatory No. 1, provide the approximate date or timeframe when that individual learned of either or both such references. The information responsive to these two questions is not subject to the attorney-client privilege. If any individuals are identified in response to Court Interrogatory No. 1, then the parties are ordered to meet and confer with regard to additional discovery within 48 hours and to bring any disputes (including privilege disputes) to the Court within 24 hours after that. Can you folks try to start playing nicely in the sandbox? (Signed by Judge Katherine B. Forrest on 7/22/2014) (jp) (Entered: 07/22/2014)
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Legal Document (Payment Possibly Required) 82 Filed: 7/22/2014, Entered: None Court Filing
DISCOVERY ORDER #6: Accordingly, the following ruling should not present issues: Regeneron shall be precluded from relying upon any documents not produced that were required to be produced, pursuant to this Court's Individual Patent Rule l(b)(ii). (Signed by Judge Katherine B. Forrest on 7/22/2014) (jp) (Entered: 07/22/2014)
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Legal Document (Payment Possibly Required) 81 Filed: 7/22/2014, Entered: None Court Filing
DISCOVERY ORDER #5: The Court has received letter motions from both Merus B.V. ("Merus") and Ablexis LLC ("Ablexis") (together, "defendants") relating to plaintiff Regeneron Pharmaceuticals, Inc.'s ("Regeneron") conduct regarding claim construction. Defendants seek an Order precluding Regeneron from asserting any proposed construction or, alternatively, to comply with the Court's Individual Patent Rules 2(a). Regeneron opposes defendants' request.... The Court's rules relating to claim construction should be interpreted according to their terms, according to routine civil practice, and according to what is plainly fair. The Court is troubled by assertions that there is a "gaming" of the system. Let's be clear: Regeneron is plaintiff and bears the burden of going first - and showing its cards - more frequently than the defendants. That comes with the territory as plaintiff. The Court assumes good faith and that each party being told now to stick with its stated positions will be neither surprised nor prejudiced by so doing. Here, the issue is easily resolved by removing the requirement of any meet and confer and requiring the parties to rest with the intrinsic and extrinsic evidence previously proffered to the other. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/22/2014) (ja) (Entered: 07/22/2014)
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Legal Document (Payment Possibly Required) 80 Filed: 7/21/2014, Entered: None Court Filing
ORDER granting 78 Letter Motion for Extension of Time: Request for one week extension GRANTED. An Order regarding the underlying substantive issues shall be forthcoming. (Signed by Judge Katherine B. Forrest on 7/21/2014) (tn) (Entered: 07/21/2014)
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Legal Document (Payment Possibly Required) 79 Filed: 7/21/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated July 21, 2014 re: Opposition to Meruss Motion Regarding Court Rules (Dkt. No. 76). Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gindler, David) (Entered: 07/21/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 7/21/2014, Entered: None Court Filing
LETTER MOTION for Extension of Time re: Joint Claim Construction and Prehearing Statement addressed to Judge Katherine B. Forrest from Patricia A. Carson dated July 21, 2014. Document filed by Merus B.V..(Carson, Patricia) (Entered: 07/21/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 7/21/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated July 21, 2014 re: Opposition to Merus's Motion To Compel re Interrogatory No. 3 (Dkt. No. 75). Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Gindler, David) (Entered: 07/21/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 7/17/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated July 17, 2014 re: Discovery dispute concerning Court's Rules. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Silverman, Peter) (Entered: 07/17/2014)
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Legal Document (Payment Possibly Required) 75 Filed: 7/17/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated July 17, 2014 re: Merus's Interrogatory No. 3. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Silverman, Peter) (Entered: 07/17/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 7/14/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE: granting 73 Motion for Nathan N. Lowenstein to Appear Pro Hac Vice. So Ordered. (Signed by Judge Katherine B. Forrest on 7/14/2014) (js) (Entered: 07/14/2014)
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Legal Document (Payment Possibly Required) 73 Filed: 7/11/2014, Entered: None
MOTION for Nathan Nobu Lowenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9878560. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Lowenstein, Nathan) (Entered: 07/11/2014)
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Legal Document (Payment Possibly Required) 72 Filed: 7/3/2014, Entered: None
ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Regeneron Pharmaceuticals, Inc.. Document filed by Merus B.V..(McConnell, James) (Entered: 07/03/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 6/19/2014, Entered: None Court Filing
OPINION & ORDER #104446 re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement filed by Merus B.V. Merus's motion to dismiss is hereby DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 40. The parties are reminded that a status conference is scheduled to occur on July 24, 2014 at 12:00 p.m. (Signed by Judge Katherine B. Forrest on 6/18/2014) (tro) Modified on 6/24/2014 (ca). (Entered: 06/19/2014)
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Legal Document (Payment Possibly Required) 70 Filed: 6/10/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: 60 Letter, filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: Ordered: Given the scope of the documents sought, production as represented by JJDC is reasonable. No further expedition will be required. (Signed by Judge Katherine B. Forrest on 6/10/2014) (tn) (Entered: 06/10/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 6/10/2014, Entered: None
NOTICE OF APPEARANCE by Matthew Ethan Funk on behalf of Johnson & Johnson Development Corporation. (Funk, Matthew) (Entered: 06/10/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 6/10/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated June 10, 2014 re: Withdrawal Of Motion To Compel Throsby Deposition (Dkt. No. 61). Document filed by Regeneron Pharmaceuticals, Inc..(Gindler, David) (Entered: 06/10/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 6/9/2014, Entered: None
DECLARATION of Matthew Funk in Opposition re: 60 Letter,. Document filed by Johnson & Johnson Development Corporation. (Howard, Scott) (Entered: 06/09/2014)
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Legal Document (Payment Possibly Required) 66 Filed: 6/9/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Scott B. Howard dated June 9, 2014 re: Opposition to Plaintiff's Motion to Compel. Document filed by Johnson & Johnson Development Corporation.(Howard, Scott) (Entered: 06/09/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 6/9/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated June 9, 2014 re: Response to [D.I. 61] re: Fed. R. Civ. P. 30(b)(1) Deposition Of Dr. Mark Throsby. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Silverman, Peter) (Entered: 06/09/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 6/4/2014, Entered: None
CERTIFICATE OF SERVICE of Dkt. No. 63 - Order Re Johnson & Johnson Development Corporation Subpoena served on Johnson & Johnson Development Corporation on June 4, 2014. Service was accepted by Matthew Funk, Esq.. Document filed by Regeneron Pharmaceuticals, Inc.. (Krebs, Richard) (Entered: 06/04/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 6/4/2014, Entered: None Court Filing
ORDER re: 60 Letter, filed by Regeneron Pharmaceuticals, Inc.: should JJDC wish to file a letter in opposition to Regenerson's letter motion, it is ORDERED to do so no later than June 9, 2014. Regeneron is ORDERED to serve a copy of this Order upon JJDC as soon as is practicable and to electronically file proof of service. (Responses due by 6/9/2014) (Signed by Judge Katherine B. Forrest on 6/4/2014) (tn) (Entered: 06/04/2014)
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Legal Document (Payment Possibly Required) 62 Filed: 6/4/2014, Entered: None Court Filing
CERTIFICATE OF SERVICE of Motion to compel, declaration, supporting exhibits, cover letter, Judge Forrest Individual Practices served on Johnson & Johnson Development Corporation on June 3, 2014. Service was accepted by Matthew Funk, Esq.. Document filed by Regeneron Pharmaceuticals, Inc.. (Krebs, Richard) (Entered: 06/04/2014)
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Legal Document (Payment Possibly Required) 61 Filed: 6/4/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated June 4, 2014 re: Fed. R. Civ. P. 30(b)(1) Deposition Of Dr. Mark Throsby. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Gindler, David) (Entered: 06/04/2014)
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Legal Document (Payment Possibly Required) 60 Filed: 6/3/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated June 3, 2014 re: Subpoena To Johnson & Johnson Development Corporation. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Affidavit Richard W. Krebs, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Gindler, David) (Entered: 06/03/2014)
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Sealed Legal Document 59 Filed: 5/30/2014, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 06/02/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 5/30/2014, Entered: None
DECLARATION of James H. McConnell in Support re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McConnell, James) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 5/30/2014, Entered: None
REPLY MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement. Public Version. Document filed by Merus B.V.. (McConnell, James) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 5/29/2014, Entered: None Court Filing
MEMORANDUM DECISION & ORDER: For the reasons set forth above, plaintiff's motion to compel responses to contention interrogatories at this stage of the case is DENIED. (Signed by Judge Katherine B. Forrest on 5/28/2014) (tn) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 5/29/2014, Entered: None
NOTICE OF APPEARANCE by James Henry McConnell on behalf of Merus B.V.. (McConnell, James) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 5/27/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Peter B. Silverman dated 5/27/2014 re: Response to May 22 letter motion to compel. Document filed by Merus B.V.. (Attachments: # 1 Exhibit A)(Silverman, Peter) (Entered: 05/27/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 5/22/2014, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/22/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 5/22/2014, Entered: None Court Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2014 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari) (Entered: 05/22/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 5/22/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from David I. Gindler dated May 22, 2014 re: Defendants' Disclosure Of Contentions On Infringement-Related Issues. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gindler, David) (Entered: 05/22/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 5/20/2014, Entered: None Court Filing
ORDER denying 44 Letter Motion for Local Rule 37.2 Conference: Ordered: The motion to quash is denied. The entities are all logical and reasonable candidates for discovery on issues of infringement and damages. What a party tells investors about its capabilities and products may be highly revealing. Concerns about duplicative discovery are not in and of themselves sufficient reason to quash: there should be close attention paid to unduly burdening a third party. However, the companies may have internal documents based on oral communications which may be relevant; internal analyses may be relevant. In terms of compliance with notice, Rule 45 does require prior notice (yet fails to specify how much). The Court hereby imposes a 72 prior notice obligation for all 3d party subpoenas. (Signed by Judge Katherine B. Forrest on 5/20/2014) (tn) (Entered: 05/20/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 5/20/2014, Entered: None Court Filing
REGENERON'S AND MERUS'S JOINT PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 5/19/2014) (tro) (Entered: 05/20/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 5/19/2014, Entered: None
RESPONSE in Opposition to Motion re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement. . Document filed by Regeneron Pharmaceuticals, Inc.. (Gindler, David) (Entered: 05/19/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 5/19/2014, Entered: None Court Filing
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from David I. Gindler dated May 19, 2014 re: 44 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 5/15/2014. . Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gindler, David) (Entered: 05/19/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 5/19/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Regeneron and Merus dated 05-19-2014 re: [Regeneron's and Merus's Joint Proposed] Protective Order. Document filed by Regeneron Pharmaceuticals, Inc..(Krause, Andrew) (Entered: 05/19/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 5/19/2014, Entered: None Court Filing
STIPULATION REGARDING FORM OF DOCUMENT PRODUCTION: that the undersigned hereby stipulate to the following protocols for document production, as further set forth in this stipulation and order. (Signed by Judge Katherine B. Forrest on 5/19/2014) ***Filed in 14cv1650 and 14cv1651. (tn) (Entered: 05/19/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 5/15/2014, Entered: None Court Filing
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine B. Forrest from Patricia A. Carson dated 5/15/2014. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carson, Patricia) (Entered: 05/15/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 5/7/2014, Entered: None Court Filing
SCHEDULING ORDER FOR A PATENT CASE: Any party claiming infringement shall complete disclosure of asserted claims, infringement contentions, and other items required by Rule 1(a) of this Court's Procedures for Patent Cases ("Patent Rules") not later than 5/19/2014. Any party claiming infringement shall complete the document production and disclosure required by the Court's Patent Rule 1(b) not later than 6/2/2014. Any party opposing a claim of patent infringement shall complete its invalidity contentions not later than 6/30/2014. The parties shall (a) complete the document production and all other requirements of the Court's Patent Rule 1(d), and (b) exchange proposed claim terms for construction, preliminary constructions, and extrinsic evidence as required by the Court's Patent Rule 2(a) not laterthan 7/14/2014. The parties shall submit their joint claim construction chart and prehearing statement as required by the Court's Patent Rule 2(b) not later than July 21, 2014. The parties shall submit their claim construction briefs and other requirements of the Court's Patent Rule 2(c) pursuant to the following schedule: Opening: August 11, 2014; Opp'n: August 21, 2014; Reply: August 26, 2014. The parties shall appear for an all-day Markman hearing on September 12, 2014 beginning at 9:00 a.m. Dispositive Motions due by 1/26/2015. Responses due by 2/20/2015 Replies due by 3/4/2015. Fact Discovery due by 11/5/2014. Expert Discovery due by 1/19/2015. Final Pretrial Conference set for 6/3/2015 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 7/24/2014 at 12:00 PM before Judge Katherine B. Forrest. Trial will be before a jury. All final pretrial materials shall be submitted by 5:00 p.m. on 5/28/2014. Trial in this matter shall commence on 6/8/2015. Trial is anticipated to take two weeks. Settlement discussions must occur in parallel to this schedule (schedule will not be adjourned, except in very unusual situations, for settlement discussions). (Signed by Judge Katherine B. Forrest on 5/6/2014) (tro) Modified on 5/7/2014 (tro). (Entered: 05/07/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 5/5/2014, Entered: None
MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement. . Document filed by Merus B.V.. (Carson, Patricia) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 5/5/2014, Entered: None
DECLARATION of Patricia A. Carson in Support re: 40 MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement.. Document filed by Merus B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carson, Patricia) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 5/5/2014, Entered: None
MOTION to Dismiss Plaintiff Regeneron's Complaint for Patent Infringement. Document filed by Merus B.V..(Carson, Patricia) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 5/1/2014, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Pfizer, Inc. for Merus B.V.. Document filed by Merus B.V..(Carson, Patricia) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 5/1/2014, Entered: None
FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pfizer, Inc. for Merus B.V.. Document filed by Merus B.V..(Carson, Patricia) Modified on 5/1/2014 (ka). (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 4/30/2014, Entered: None
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Regeneron Pharmaceuticals, Inc..(Gordon, Josh) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 4/29/2014, Entered: None
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Merus B.V..(Carson, Patricia) Modified on 5/1/2014 (lb). (Entered: 04/29/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 4/29/2014, Entered: None
NOTICE OF APPEARANCE by Peter Brian Silverman on behalf of Merus B.V.. (Silverman, Peter) (Entered: 04/29/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 4/29/2014, Entered: None
NOTICE OF APPEARANCE by Patricia Ann Carson on behalf of Merus B.V.. (Carson, Patricia) (Entered: 04/29/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 4/28/2014, Entered: None Court Filing
LETTER addressed to Judge Katherine B. Forrest from Suzanne Novak dated April 28, 2014 re: Withdraw as counsel. Document filed by Regeneron Pharmaceuticals, Inc..(Novak, Suzanne) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 4/25/2014, Entered: None Court Filing
MEMO ENDORSEMENT on re: (35 in 1:14-cv-01651-KBF) MOTION to Withdraw as Attorney as to Russell M. Yankwitt filed by Regeneron Pharmaceuticals, Inc., (31 in 1:14-cv-01650-KBF) MOTION to Withdraw as Attorney as to Russell M. Yankwitt filed by Regeneron Pharmaceuticals, Inc. ENDORSEMENT: So ordered (withdrawal granted). (Signed by Judge Katherine B. Forrest on 4/25/2014) (mro) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 4/24/2014, Entered: None
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Withdraw as Attorney as to Russell M. Yankwitt. Document filed by Regeneron Pharmaceuticals, Inc..(Yankwitt, Russell) Modified on 4/25/2014 (ldi). (Entered: 04/24/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 4/23/2014, Entered: None
NOTICE OF APPEARANCE by Charles Anthony Michael on behalf of Regeneron Pharmaceuticals, Inc.. (Michael, Charles) (Entered: 04/23/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 4/23/2014, Entered: None
NOTICE OF APPEARANCE by Susan E. Brune on behalf of Regeneron Pharmaceuticals, Inc.. (Brune, Susan) (Entered: 04/23/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 4/17/2014, Entered: None
NOTICE OF CHANGE OF ADDRESS by Patricia Ann Carson on behalf of Merus B.V.. New Address: Kirkland & Ellis LLP, 601 Lexington Avenue, New York, New York, 10022, 212-446-4800. (Carson, Patricia) (Entered: 04/17/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 4/15/2014, Entered: None Court Filing
ORDER granting 26 Letter Motion for Extension of Time: Ordered: Conference adjourned to 5/2/14 at 1 pm. (Signed by Judge Katherine B. Forrest on 4/14/2014) ***Filed in 14cv1650 and 14cv1651. (tn) (Entered: 04/15/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 4/11/2014, Entered: None Court Filing
LETTER MOTION for Extension of Time regarding the initial pre-trial conference addressed to Judge Katherine B. Forrest from Patricia A. Carson dated April 11, 2014. Document filed by Merus B.V..(Carson, Patricia) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 4/3/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 24 Motion for Morgan Chu to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 4/3/2014) (kgo) (Entered: 04/03/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 4/1/2014, Entered: None
MOTION for Morgan Chu to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9522087. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Chu, Morgan) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 3/28/2014, Entered: None
CERTIFICATE OF SERVICE of Order (Document 16); Order (Document 23); Individual Practices In Civil Cases - Katherine B. Forrest (With Attachment B) served on Merus B.V. on 3/28/2014. Service was made by Mail. Document filed by Regeneron Pharmaceuticals, Inc.. (Krebs, Richard) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 3/28/2014, Entered: None Court Filing
ORDER re: (19 in 1:14-cv-01651-KBF) LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Matthew D. Gorman dated 03/27/2014. filed by Ablexis LLC, All Defendants. Defendants in both 14 Civ. 1650 and 14 Civ. 1651 shall answer or otherwise respond to plaintiffs allegations no later than May 5,2014. Additionally, it is hereby ORDERED that: 1. Lead counsel for all parties shall appear for an initial pretrial conference (IPTC) on April 22, 2014 at 1:30 P.M. (Initial Conference set for 4/22/2014 at 01:30 PM before Judge Katherine B. Forrest.) Motions terminated: (19 in 1:14-cv-01651-KBF) LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Matthew D. Gorman dated 03/27/2014. filed by Ablexis LLC. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 3/28/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion for Jason G. Sheasby to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 3/28/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Josh B. Gordon to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 3/28/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 10 Motion for David I. Gindler to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 3/28/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Richard W. Krebs to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 3/28/2014, Entered: None Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Andrew E. Krause to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 3/28/2014, Entered: None Court Filing
ORDER: This matter was properly reassigned by the Assignment Committee and shall not be retransferred back to the White Plains courthouse. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 3/28/2014, Entered: None
NOTICE OF APPEARANCE by Suzanne Ilene Novak on behalf of Regeneron Pharmaceuticals, Inc.. (Novak, Suzanne) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 3/28/2014, Entered: None
NOTICE OF APPEARANCE by Russell Marc Yankwitt on behalf of Regeneron Pharmaceuticals, Inc.. (Yankwitt, Russell) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 3/28/2014, Entered: None Court Filing
LETTER addressed to Judge Kenneth M. Karas from Josh B. Gordon dated March 27, 2014 re: Enclosing Correspondence re Assignment of Related Case. Document filed by Regeneron Pharmaceuticals, Inc..(Gordon, Josh) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 3/21/2014, Entered: None
MOTION for Jason G. Sheasby to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9482176. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Sheasby, Jason) (Entered: 03/21/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 3/21/2014, Entered: None
MOTION for Josh B. Gordon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9481898. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Gordon, Josh) (Entered: 03/21/2014)
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Legal Document (Payment Possibly Required) 10 Filed: 3/20/2014, Entered: None
MOTION for David I. Gindler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9479517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Gindler, David) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 3/20/2014, Entered: None
MOTION for Richard W. Krebs to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9479494. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Krebs, Richard) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 3/20/2014, Entered: None
MOTION for Andrew E. Krause to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9479467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Certificate of Good Standing)(Krause, Andrew) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 7 Filed: 3/20/2014, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Sanofi-Aventis du Nord S.N.C., Other Affiliate Regeneron Ireland, Other Affiliate Regeneron Ireland Holdings, Other Affiliate OSMR Holdings, Other Affiliate OSMR International, Other Affiliate Regeneron International Holdings LLC, Other Affiliate Regeneron Genetics Center LLC, Other Affiliate Regeneron UK Limited, Other Affiliate Regeneron Capital International B.V., Other Affiliate Regeneron International for Regeneron Pharmaceuticals, Inc.. Document filed by Regeneron Pharmaceuticals, Inc..(Camp, Marshall) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 3/19/2014, Entered: None Court Filing
LETTER addressed to Judge Kenneth M. Karas from Marshall A. Camp dated March 19, 2014 re: Notice of Related Case. Document filed by Regeneron Pharmaceuticals, Inc..(Camp, Marshall) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 3/19/2014, Entered: None
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regeneron Pharmaceuticals, Inc..(Camp, Marshall) Modified on 3/20/2014 (lb). (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 3/19/2014, Entered: None
CERTIFICATE OF SERVICE. Merus B.V. served on 3/14/2014, answer due 4/4/2014. Service was made by Mail. Document filed by Regeneron Pharmaceuticals, Inc.. (Camp, Marshall) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 3/11/2014, Entered: None Court Filing
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mml) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 3/11/2014, Entered: None
CIVIL COVER SHEET filed. (mml) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 3/11/2014, Entered: None
COMPLAINT against Merus B.V. (Filing Fee $ 350.00, Receipt Number 465407007957) Document filed by Regeneron Pharmaceuticals, Inc. (mml) (Entered: 03/19/2014)
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