Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services v. Omnicare, Inc. et al

Federal Civil Lawsuit Texas Eastern District Court, Case No. 6:11-cv-00226
District Judge Leonard Davis, presiding
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District Judge Leonard Davis
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Parties
No Logo Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services, Plaintiff

Represented by LAW OFFICE OF JOHN MACHADO

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Todd Y Brandt +1 903 212 3130 +1 903 753 6761 tbrandt@thebrandtlawfirm.com

Represented by po box 750 Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory Phillip Love +1 903 690 7100 +1 903 392 2267 greg@lovetrialfirm.com

Represented by Stevens Henry, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Scott English Stevens +1 903 753 6760 +1 903 753 6761 scott@stevenshenry.com

Represented by The Dotson Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Darrell Glyn Dotson +1 903 212 3113 +1 903 757 2387 darrell@dotsonlawfirm.com
v.
No Logo Omnicare Pharmacy of Texas 1, LP, Defendant

Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeff E. Schwartz +1 202 461 3100 +1 202 461 3102 jeschwartz@foxrothchild.com
No Logo Omnicare Pharmacy of Texas 2, LP, Defendant

Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeff E. Schwartz +1 202 461 3100 +1 202 461 3102 jeschwartz@foxrothchild.com
No Logo Omnicare, Inc., Defendant

Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeff E. Schwartz +1 202 461 3100 +1 202 461 3102 jeschwartz@foxrothchild.com
No Logo PharMercia Corporation, Defendant

Represented by Stites & Harbison, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joel T. Beres +1 502 681 0324 +1 502 779 8355 joel.beres@stites.com
ATTORNEY TO BE NOTICED William C. Ferrell +1 502 587 3400 wferrell@stites.com
ATTORNEY TO BE NOTICED Melissa C. Hunter +1 615 782 2200 melissa.hunter@stites.com
ATTORNEY TO BE NOTICED James Randolph Michels +1 615 782 2234 +1 615 742 7215 randy.michels@stites.com
No Logo Talyst Inc., Defendant

Represented by Christensen O'Connor Johnson Kindness PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James William Anable +1 206 695 1704 +1 206 224 0779 jim.anable@cojk.com
ATTORNEY TO BE NOTICED John David Denkenberger +1 206 682 8100 +1 206 224 0779 john.denkenberger@cojk.com
No Logo Wellfount, Corp., Defendant

Represented by Mullis, Jerry D.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder +1 317 634 3456 +1 317 637 7561 judy@uspatent.com

Represented by Potter Minton

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Douglas Ray McSwane, Jr. +1 903 597 8311 +1 903 593 0846 dougmcswane@potterminton.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 8/29/2011, Entered: None Court Filing
ORDER granting 48 Stipulation of Dismissal, filed by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. All claims and counterclaims in this action between pltfs and defts Talyst Inc.; Omnicare, Inc.; Omnicare Pharmacy of Texas 1, LP; Omnicare Pharmacy of Texas 2, LP; and PharMerica Corporation are dismissed with prejudice, with each party to bear their own costs, expenses, and attorney's fees. Signed by Judge Leonard Davis on 08/29/11. cc:attys 8-29-11(mll, ) (Entered: 08/29/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 8/29/2011, Entered: None Court Filing
ORDER denying as moot 32 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Leonard Davis on 08/29/11. cc:attys 8-29-11 (mll, ) (Entered: 08/29/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 8/26/2011, Entered: None Court Filing
ORDER granting 50 Stipulation of Dismissal filed by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. All claims and counterclaims in this action between pltf and deft Wellfount Corp are dismissed with prejudice, with respect to the use of Talyst Inc.s Gravity Feed Strip Packaging Remote Dispensing Machine and without prejudice as to all other claims. Each party shall bear their own costs, expenses, and attorney's fees. Signed by Judge Leonard Davis on 08/26/11. cc:attys 8-26-11(mll, ) (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 8/24/2011, Entered: None
STIPULATION of Dismissal as to Wellfount, Corp. by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 08/24/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 8/22/2011, Entered: None Court Filing
ORDER granting 47 Motion for Extension of Time to File Response/Reply re 32 MOTION to Dismiss for Lack of Jurisdiction; Responses due by 9/1/2011. Signed by Judge Leonard Davis on 08/22/11. cc:attys 8-22-11 (mll, ) (Entered: 08/22/2011)
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Legal Document (Payment Possibly Required) 48 Filed: 8/18/2011, Entered: None
STIPULATION of Dismissal With Prejudice as to Talyst, Inc., Omnicare, Inc., Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP and PharMerica Corporation by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 08/18/2011)
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Legal Document (Payment Possibly Required) 47 Filed: 8/18/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Lack of Jurisdiction by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 08/18/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 8/18/2011, Entered: None Court Filing
ORDER granting 45 Motion for Extension of Time to Answer. Defendant Talyst Inc.'s deadline to move, answer or otherwise respond to the Complaint is extended to 8-24-2011. Signed by Judge Leonard Davis on 08/18/11. cc:attys 8-18-11 (mll, ) (Entered: 08/18/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 8/17/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Talyst, Inc.. (Attachments: # 1 Text of Proposed Order)(Denkenberger, John) (Entered: 08/17/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 8/17/2011, Entered: None Court Filing
ORDER granting 43 Motion for Extension of Time to Answer re 43 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiffs' Complaint. Defendants Omnicare, Inc., Omnicare Pharmacy of Texas 1, LP, and Omnicare Pharmacy of Texas 2, LP's deadline to answer is 8/23/2011. Signed by Judge Leonard Davis on 8/17/11. (mjc, ) (Entered: 08/17/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 8/16/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Plaintiffs' Complaint by Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc.. (Attachments: # 1 Text of Proposed Order)(Schwartz, Jeff) (Entered: 08/16/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 8/4/2011, Entered: None Court Filing
ORDER granting 41 Motion for Extension of Time to File Response/Reply re 32 MOTION to Dismiss for Lack of Jurisdiction; Responses due by 8/18/2011. Signed by Judge Leonard Davis on 08/04/11. cc:attys 8-04-11 (mll, ) (Entered: 08/04/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 8/1/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Lack of Jurisdiction by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. (Attachments: # 1 Text of Proposed Order)(Love, Gregory) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 7/29/2011, Entered: None Court Filing
ORDER granting 36 Motion for Extension of Time to Answer. Defendant PharMerica Corporations deadline to move, answer or otherwise respond to the Complaint is extended to 8-24-2011. Signed by Judge Leonard Davis on 07/29/11. cc:attys 7-29-11 (mll, ) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 7/27/2011, Entered: None
NOTICE of Attorney Appearance by James Randolph Michels on behalf of PharMercia Corporation (Michels, James) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 7/27/2011, Entered: None
NOTICE of Attorney Appearance by Melissa Hunter Smith on behalf of PharMercia Corporation (Smith, Melissa) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 7/27/2011, Entered: None
NOTICE of Attorney Appearance by William Charles Ferrell, Jr on behalf of PharMercia Corporation (Ferrell, William) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 7/26/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer by PharMercia Corporation. (Attachments: # 1 Text of Proposed Order)(Beres, Joel) (Entered: 07/26/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 7/25/2011, Entered: None
***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***Unopposed MOTION for Extension of Time to File Answer by PharMercia Corporation. (Beres, Joel) Modified on 7/26/2011 (mjc, ). (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 7/25/2011, Entered: None
NOTICE of Attorney Appearance by Joel Thomas Beres on behalf of PharMercia Corporation (Beres, Joel) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 7/19/2011, Entered: None Court Filing
ORDER re 29 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc. Pending before the Court is Defendants Omnicare, Inc., Omnicare Pharmacy of Texas1, LP, and Omnicare Pharmacy of Texas 2, LP's Unopposed Motion for Extension of Time in Which to Move, Answer or Otherwise Respond to Plaintiffs' Complaint. After consideration, the Court finds that the Motion should be GRANTED. It is therefore ORDERED that Defendants Omnicare, Inc., Omnicare Pharmacy of Texas 1, LP, and Omnicare Pharmacy of Texas 2, LP's deadline to move, answer or otherwise respond to the Complaint is extended to August 16, 2011. Signed by Judge Leonard Davis on 7/19/2011. (kls, ) (Entered: 07/19/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 7/18/2011, Entered: None
MOTION to Dismiss for Lack of Jurisdiction by Wellfount, Corp.. (Attachments: # 1 Affidavit Declaration of Paul Leamon, # 2 Affidavit Declaration of Kirk Peterson, # 3 Text of Proposed Order)(Bereveskos, Spiro) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 7/15/2011, Entered: None Court Filing
ORDER granting 29 Motion for Extension of Time to Answer. Defendants Omnicare, Inc., Omnicare Pharmacy of Texas 1, LP, and Omnicare Pharmacy of Texas 2, LP's deadline to move, answer or otherwise respond to the Complaint is extended to 8-16-2011. Signed by Judge Leonard Davis on 07/15/11. cc:attys 7-15-11 (mll, ) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 7/15/2011, Entered: None Court Filing
ORDER granting 28 Motion for Extension of Time. Talyst Inc's deadline to move, answer or otherwise respond to the Complaint is extended to 8-17-2011. Signed by Judge Leonard Davis on 07/15/11. cc:attys 7-15-11 (mll, ) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 7/15/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc.. (Attachments: # 1 Text of Proposed Order)(Schwartz, Jeff) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 7/14/2011, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Talyst, Inc.. (Attachments: # 1 Text of Proposed Order)(Denkenberger, John) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 7/11/2011, Entered: None Court Filing
ORDER that plaintiff file a notice that the case is ready for scheduling conference when all of the defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining defendant's answer or motion. Signed by Judge Leonard Davis on 07/11/11. cc:attys 7-12-11(mll, ) (Entered: 07/12/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 6/30/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Talyst, Inc..( Denkenberger, John) (Entered: 06/30/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 6/30/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re PharMercia Corporation.( Love, Gregory) (Entered: 06/30/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 6/30/2011, Entered: None
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc..( Schwartz, Jeff) (Entered: 06/30/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 6/3/2011, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Wellfount, Corp. (Bereveskos, Spiro) (Entered: 06/03/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 5/31/2011, Entered: None
Return of Service Executed as to PharMercia Corporation on 5/20/2011, by cert mail; answer due: 6/10/2011. (mll, ) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 6/1/2011, Entered: None
NOTICE of Attorney Appearance by Spiro Bereveskos on behalf of Wellfount, Corp. (Bereveskos, Spiro) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 5/31/2011, Entered: None
Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc..( Schwartz, Jeff) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 5/31/2011, Entered: None
NOTICE of Attorney Appearance by Jeff Edward Schwartz on behalf of Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc. (Schwartz, Jeff) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 5/27/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Talyst, Inc..( Denkenberger, John) (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 5/27/2011, Entered: None
***DOCUMENT FILED IN ERROR. PLEASE DISREGARD. SEE CORRECTED DOCUMENT 18 .***First MOTION for Extension of Time to File Answer by Talyst, Inc.. (Denkenberger, John) Modified on 5/31/2011 (mjc, ). (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 5/27/2011, Entered: None
NOTICE of Attorney Appearance by John David Denkenberger on behalf of Talyst, Inc. (Denkenberger, John) (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 5/27/2011, Entered: None
NOTICE of Attorney Appearance by James William Anable on behalf of Talyst, Inc. (Anable, James) (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 5/25/2011, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Wellfount, Corp..( McSwane, Douglas) (Entered: 05/25/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 5/19/2011, Entered: None
Return of Service Executed as to Wellfount, Corp. on 5/12/2011, by cert mail; answer due: 6/2/2011. (mll, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 5/19/2011, Entered: None
Return of Service Executed as to Omnicare, Inc. on 5/12/2011, by cert mail; answer due: 6/2/2011. (mll, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 5/19/2011, Entered: None
Return of Service Executed as to Omnicare Pharmacy of Texas 1, LP on 5/12/2011, by cert mail; answer due: 6/2/2011. (mll, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 5/19/2011, Entered: None
Return of Service Executed as to Talyst, Inc. on 5/11/2011, by cert mail; answer due: 6/1/2011. (mll, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 5/19/2011, Entered: None
Return of Service Executed as to Omnicare Pharmacy of Texas 2, LP on 5/12/2011, by cert mail; answer due: 6/2/2011. (mll, ) (Entered: 05/20/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 5/18/2011, Entered: None
E-GOV SEALED SUMMONS REISSUED as to PharMercia Corporation. (kls, ) (Entered: 05/18/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 5/16/2011, Entered: None
Letter from CT Corporation, that it is not the agent for an entity by the name of Pharmerica Inc. Currently the state lists Corporation Service Company as the agent for this entity. (mll, ) (Entered: 05/16/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 5/12/2011, Entered: None
NOTICE of Attorney Appearance by Scott English Stevens on behalf of Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services (Stevens, Scott) (Entered: 05/12/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 5/11/2011, Entered: None
NOTICE of Attorney Appearance by Darrell Glyn Dotson on behalf of Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services (Dotson, Darrell) (Entered: 05/11/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 5/11/2011, Entered: None
NOTICE of Attorney Appearance by Todd Y Brandt on behalf of Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services (Brandt, Todd) (Entered: 05/11/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 5/10/2011, Entered: None
E-GOV SEALED SUMMONS Issued as to Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc., PharMercia Corporation, Talyst, Inc., Wellfount, Corp. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es))(kls, ) (Entered: 05/10/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 5/9/2011, Entered: None
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Love, Gregory) (Entered: 05/09/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 5/9/2011, Entered: None
COMPLAINT against Omnicare Pharmacy of Texas 1, LP, Omnicare Pharmacy of Texas 2, LP, Omnicare, Inc., PharMercia Corporation, Talyst, Inc., Wellfount, Corp. ( Filing fee $ 350 receipt number 0540-3025160.), filed by Tech Pharmacy Services, Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services. (Attachments: # 1 Exhibit A - Patent #7,698,019, # 2 Civil Cover Sheet)(Love, Gregory) (Entered: 05/09/2011)
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