Baxter Healthcare Corporation v. Hospira, Inc.

Federal Civil Lawsuit Delaware District Court, Case No. 1:18-cv-00303
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Last Updated December 7, 2018 at 12:01 AM EST (6.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Hospira, Inc., Counter-Claimant

Represented by Bradford P. Lyerla

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Bradford P. Lyerla

Represented by Connolly Gallagher LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Arthur G. Connolly, III +1 302 757 7300 aconnolly@connollygallagher.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ryan Patrick Newell +1 302 888 6434 rnewell@connollygallagher.com

Represented by Ren-How Harn

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Ren-How Harn

Represented by Sara Tonnies Horton

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sara Tonnies Horton

Represented by Yusuf Esat

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Yusuf Esat
No Logo Orion Corp., Counter-Claimant

Represented by Connolly Gallagher LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Arthur G. Connolly, III +1 302 757 7300 aconnolly@connollygallagher.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ryan Patrick Newell +1 302 888 6434 rnewell@connollygallagher.com
v.
No Logo Baxter Healthcare Corporation, Counter-Defendant

Represented by Bethany A Corbin

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Bethany A Corbin

Represented by Lawrence M. Sung

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Lawrence M. Sung

Represented by Neal Seth

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Neal Seth

Represented by Potter Anderson & Corroon LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jonathan A. Choa +1 302 984 6189 jchoa@potteranderson.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Philip A. Rovner +1 302 984 6000 provner@potteranderson.com
ATTORNEY TO BE NOTICED Alan Richard Silverstein +1 302 252 3619 asilverstein@potteranderson.com
Attributes
Citation Unknown
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 46 Filed: 8/16/2018, Entered: None Notice of Service
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Legal Document (Payment Possibly Required) 45 Filed: 8/15/2018, Entered: None Notice of Service
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Legal Document (Payment Possibly Required) 44 Filed: 8/13/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Baxter Healthcare Corporation's Objections and Responses to Defendants' First Set of Requests for the Production of Documents and Things (Nos. 1-13) filed by Baxter Healthcare Corporation.(Rovner, Philip) (Entered: 08/13/2018)
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Legal Document (Payment Possibly Required) 43 Filed: 8/10/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Initial Claim Chart Pursuant to Paragraph 4(c) filed by Hospira, Inc., Orion Corp..(Connolly, Arthur) (Entered: 08/10/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 7/17/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Baxter Healthcare Corporation's First Set of Requests for Production of Documents and Things filed by Baxter Healthcare Corporation.(Rovner, Philip) (Entered: 07/17/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 7/13/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Defendants First Set of Requests for Production of Documents and Things (Nos. 1-13) filed by Hospira, Inc., Orion Corp..(Connolly, Arthur) (Entered: 07/13/2018)
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Legal Document (Payment Possibly Required) 40 Filed: 6/21/2018, Entered: None Judgment ConsentCourt Filing
CONSENT JUDGMENT regarding the '158 Patent, the '470 Patent, and the '527 Patent (see Judgment for further details). Signed by Judge Richard G. Andrews on 6/21/2018. (nms) (Entered: 06/21/2018)
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Legal Document (Payment Possibly Required) 39 Filed: 6/15/2018, Entered: None Claim Construction Chart
Joint Claim Construction Chart, by Baxter Healthcare Corporation. (Attachments: # 1 Exhibits A-D)(Rovner, Philip) Modified on 6/21/2018 (nms). (Entered: 06/15/2018)
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Legal Document (Payment Possibly Required) 38 Filed: 6/15/2018, Entered: None Consent judgment - proposed
PROPOSED Consent Judgment, by Baxter Healthcare Corporation. (Rovner, Philip) Modified on 6/21/2018 (nms). (Entered: 06/15/2018)
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Legal Document (Payment Possibly Required) 37 Filed: 6/11/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Plaintiff Baxter Healthcare Corporation's Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Baxter Healthcare Corporation.(Rovner, Philip) (Entered: 06/11/2018)
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Legal Document (Payment Possibly Required) 36 Filed: 6/11/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Defendants Paragraph 3 and 4(a) Disclosures Pursuant to Delawares Default Standard for Discovery filed by Hospira, Inc., Orion Corp..(Connolly, Arthur) (Entered: 06/11/2018)
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Legal Document (Payment Possibly Required) 35 Filed: 6/4/2018, Entered: None Unknown Document TypeCourt Filing
ORAL ORDER: The motion for reargument (D.I. 25 ) is DENIED. I gave Plaintiff the expedited schedule it asked for. I expect the parties will resolve the Glass patents based on the representations of both sides. On the other patent, there needs to be discovery. Plaintiffs request for a final non-appealable judgment by January 11, 2019 (D.I. 25, p.5) is not possible. Ordered by Judge Richard G. Andrews on 6/4/2018. (nms) (Entered: 06/04/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 6/1/2018, Entered: None OrderCourt Filing
SO ORDERED Granting 33 Proposed Protective Order. Signed by Judge Richard G. Andrews on 6/1/2018. (nms) (Entered: 06/01/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 5/31/2018, Entered: None Proposed Order
PROPOSED Protective Order, by Baxter Healthcare Corporation. (Rovner, Philip) Modified on 6/1/2018 (nms). (Entered: 05/31/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 5/29/2018, Entered: None
ANSWERING BRIEF in Opposition re 25 MOTION for Reargument of the Scheduling Order filed by Hospira, Inc., Orion Corp..Reply Brief due date per Local Rules is 6/5/2018. (Connolly, Arthur) (Entered: 05/29/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 5/29/2018, Entered: None Order Setting Mediation ConferencesCourt Filing
ORDER Setting Mediation Conferences: A Mediation Conference is set for 12/6/2018 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 5/29/18. (cak) (Entered: 05/29/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 5/25/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Plaintiff Baxter Healthcare Corporation's Identification of Claim Terms and Proposed Construction filed by Baxter Healthcare Corporation.(Rovner, Philip) (Entered: 05/25/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 5/25/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Proposed Claim Terms and Constructions filed by Hospira, Inc., Orion Corp..(Connolly, Arthur) (Entered: 05/25/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 5/24/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Baxter Healthcare Corporation.(Rovner, Philip) (Entered: 05/24/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 5/24/2018, Entered: None Notice of Service
NOTICE OF SERVICE of Defendants' Rule 26 Initial Disclosures filed by Hospira, Inc., Orion Corp..(Connolly, Arthur) (Entered: 05/24/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 5/16/2018, Entered: None statement
7.1.1 Certification re 25 MOTION for Reargument of the Scheduling Order, by Baxter Healthcare Corporation. (Rovner, Philip) Modified on 5/16/2018 (nms). (Entered: 05/16/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 5/15/2018, Entered: None Reargument
MOTION for Reargument of the Scheduling Order - filed by Baxter Healthcare Corporation. (Attachments: # 1 Exhibit A)(Rovner, Philip) Modified on 5/16/2018 (nms). (Entered: 05/15/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 5/2/2018, Entered: None Unknown Document TypeCourt Filing
ORAL ORDER: The motion for extension of time (D.I. 19 ) is DISMISSED as moot, as the motion for judgment on the pleadings (D.I. 16 ) was DENIED in the scheduling order (D.I. 21 ). Ordered by Judge Richard G. Andrews on 5/2/2018. (nms) (Entered: 05/02/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 5/1/2018, Entered: None Unknown Document Type
REDACTED VERSION of 17 Opening Brief in Support, by Baxter Healthcare Corporation. (Attachments: # 1 Exhibits 1-5)(Rovner, Philip) Modified on 5/1/2018 (nms). (Entered: 05/01/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 5/1/2018, Entered: None Unknown Document TypeCourt Filing
ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 5/21/2018 at 10:00 AM Eastern Time before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 5/1/18. (cak) (Entered: 05/01/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 5/1/2018, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 1/5/2019. Amended Pleadings due by 1/5/2019. Fact Discovery completed by 11/15/2018. Joint Claim Construction Brief due by 10/15/2018. A Markman Hearing is set for 10/30/2018, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Pretrial Conference is set for 5/3/2019, at 9:00 AM in Courtroom 6A. A 3 day Bench Trial is set for 5/13/2019, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/27/2018. (nms) (Entered: 05/01/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 4/30/2018, Entered: None Unknown Document Type
RESPONSE to 19 MOTION for Extension of Time to File Response to Motion for Judgment on the Pleadings, filed by Baxter Healthcare Corporation. (Rovner, Philip) Modified on 5/1/2018 (nms). (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 4/30/2018, Entered: None Unknown Document Type
MOTION for Extension of Time to File Response to Motion for Judgment on the Pleadings - filed by Hospira, Inc., Orion Corp.. (Newell, Ryan) Modified on 5/1/2018 (nms). (Entered: 04/30/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 4/25/2018, Entered: None Unknown Document Type
Joint Submission of Proposed Scheduling Order, by Baxter Healthcare Corporation. (Attachments: # 1 Proposed Order)(Rovner, Philip) Modified on 4/26/2018 (nms). (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 4/24/2018, Entered: None Unknown Document Type
[SEALED] OPENING BRIEF in Support re 16 MOTION for Judgment on the Pleadings filed by Baxter Healthcare Corporation.Answering Brief/Response due date per Local Rules is 5/8/2018. (Attachments: # 1 Exhibit 1-5)(Rovner, Philip) (Entered: 04/24/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 4/24/2018, Entered: None Unknown Document Type
MOTION for Judgment on the Pleadings - filed by Baxter Healthcare Corporation. (Rovner, Philip) (Entered: 04/24/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 4/17/2018, Entered: None Unknown Document Type
REDACTED VERSION of 14 Answer to Counterclaim by Baxter Healthcare Corporation. (Attachments: # 1 Exhibit A-D)(Rovner, Philip) (Entered: 04/17/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 4/10/2018, Entered: None Unknown Document Type
[SEALED] ANSWER to 10 Answer to Complaint, Counterclaim by Baxter Healthcare Corporation. (Attachments: # 1 Exhibit A-D)(Rovner, Philip) (Entered: 04/10/2018)
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Legal Document (Payment Possibly Required) 13 Filed: 4/6/2018, Entered: None Unknown Document TypeCourt Filing
ORAL ORDER: The parties are directed to confer about scheduling and discovery limitations, and attempt to reach agreement. The parties shall use as a basis for discussion the Courts "Rule 16 Scheduling Order patent," available on the Courts website. By April 25, 2018, the parties shall file a proposed scheduling order using the "Rule 16 Scheduling Order - patent." Ordered by Judge Richard G. Andrews on 4/6/2018. (nms) (Entered: 04/06/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 3/21/2018, Entered: None Unknown Document Type
MOTION for Pro Hac Vice Appearance of Attorney Bradford P. Lyerla, Sara T. Horton, Yusuf Esat and Ren-How Harn of Jenner & Block LLP - filed by Hospira, Inc., Orion Corp.. (Connolly, Arthur) (Entered: 03/21/2018)
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Legal Document (Payment Possibly Required) 11 Filed: 3/20/2018, Entered: None Unknown Document Type
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Pfizer Inc. for Hospira, Inc. filed by Hospira, Inc., Orion Corp.. (Connolly, Arthur) (Entered: 03/20/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 3/20/2018, Entered: None Unknown Document Type
ANSWER to 1 Complaint and COUNTERCLAIMS against Baxter Healthcare Corporation by Orion Corp., Hospira, Inc..(Connolly, Arthur) Modified on 3/22/2018 (nms). (Entered: 03/20/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 3/16/2018, Entered: None Unknown Document TypeCourt Filing
ORDER re 7 MOTION for Extension of Time to File Answer. The Extension is GRANTED only until March 20, 2018. Signed by Judge Richard G. Andrews on 3/16/2018. (nms) (Entered: 03/16/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 3/16/2018, Entered: None Unknown Document Type
RESPONSE to 7 MOTION for Extension of Time to File Answer, filed by Baxter Healthcare Corporation. (Rovner, Philip) Modified on 3/16/2018 (nms). (Entered: 03/16/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 3/16/2018, Entered: None Unknown Document Type
MOTION for Extension of Time to File Answer - filed by Hospira, Inc.. (Connolly, Arthur) Modified on 3/16/2018 (nms). (Entered: 03/16/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 3/8/2018, Entered: None Unknown Document Type
MOTION for Pro Hac Vice Appearance of Attorney Neal Seth, Lawrence M. Sung and Bethany A. Corbin of Wiley Rein LLP - filed by Baxter Healthcare Corporation. (Rovner, Philip) (Entered: 03/08/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 2/26/2018, Entered: None Unknown Document Type
SUMMONS Returned Executed by Baxter Healthcare Corporation. Hospira, Inc. served on 2/23/2018, answer due 3/16/2018. (Rovner, Philip) (Entered: 02/26/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 2/22/2018, Entered: None Unknown Document Type
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Baxter International, Inc. for Baxter Healthcare Corporation filed by Baxter Healthcare Corporation. (Rovner, Philip) (Entered: 02/22/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 2/22/2018, Entered: None Unknown Document Type
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,716,867 B1; US 8,242,158 B1; US 8,338,470 B1; US 8,455,527 B1. (jcs) (Entered: 02/22/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 2/22/2018, Entered: None Unknown Document TypeCourt Filing
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) (Entered: 02/22/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 2/22/2018, Entered: None Unknown Document Type
COMPLAINT FOR DECLARATORY JUDGMENT filed with Jury Demand against Hospira, Inc., Orion Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2328382.) - filed by Baxter Healthcare Corporation. (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet)(jcs) (Entered: 02/22/2018)
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