Puma Biotechnology, Inc. v. AstraZeneca Pharmaceuticals LP et al
| Delaware District Court | |
| Judge: | Matthew F Kennelly |
| Case #: | 1:21-cv-01338 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:1 Patent Infringement |
| Case Filed: | Sep 22, 2021 |
| Last checked: Monday Mar 21, 2022 5:20 AM EDT |
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Counter Claimant
AstraZeneca AB
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Represented By
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Counter Defendant
Puma Biotechnology, Inc.
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Represented By
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Counter Defendant
Wyeth LLC
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Represented By
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Defendant
AstraZeneca AB
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Represented By
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Defendant
AstraZeneca PLC
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Represented By
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Plaintiff
Puma Biotechnology, Inc.
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Represented By
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Plaintiff
Wyeth LLC
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Represented By
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| TERMINATED PARTIES | |
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Counter Claimant
AstraZeneca Pharmaceuticals LP
Terminated: 12/13/2021
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Represented By
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Counter Defendant
Pfizer Inc.
Terminated: 12/13/2021
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Defendant
AstraZeneca Pharmaceuticals LP
Terminated: 12/13/2021
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Represented By
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GPO
Mar 29 2023
MEMORANDUM OPINION AND ORDER, The parties are directed to file by April 7, 2023 a joint status report addressing any scheduling issues going forward and reporting on the history and current status of any settlement discussions. The Court will set a further status hearing if necessary after reviewing the joint status report. (See Order for further details). Signed by Judge Matthew F Kennelly on 3/29/2023. (twk) |
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GPO
Mar 18 2024
MEMORANDUM OPINION AND ORDER: The Court grants AstraZeneca's motion to dismiss (dkt. 268) with respect to Puma Biotechnology but denies the motion to dismiss with respect to Wyeth. The Court denies AstraZeneca's motion for summary judgment on invalidity (dkt. 270). The Court denies AstraZeneca's motion for summary judgment on non-infringement (dkt. 273), except with respect to the issue of pre-issuance damages, on which the Court rules in favor of AstraZeneca. The Court denies Wyeth's motion for summary judgment on AstraZeneca's advice-of-counsel defense (dkt. 288). Finally, the Court denies Wyeth's motions to exclude the testimony of Mulhern, Dr. Bivona, and Dr. Jnne, (dkt. 277 & dkt. 280) and denies AstraZeneca's motion to exclude the testimony of Dr. Rao (dkt. 276). The case is set for a telephonic status hearing on March 22, 2024 at 8:30 a.m. The following call-in number will be used: 888-684-8852, access code 746-1053. Trial counsel should participate in the hearing. Prior to that date, the parties are to confer regarding the motion to limit prior art defenses to attempt to agree upon appropriate limitations. Signed by Judge Matthew F Kennelly on 3/18/2024. (mpb) |
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GPO
Apr 29 2024
MEMORANDUM AND ORDER: The Court grants the defendants' motion to dismiss their declaratory judgment counterclaims against Puma Biotechnology, Inc. for lack of jurisdiction ([dkt. no. 375). See Order for further details. Signed by Judge Matthew F Kennelly on 04/29/2024. (vfm) |
| Docket last updated: 9 hours ago |
| Friday, June 28, 2024 | ||
| 498 | 498
respm
Brief - Answering Brief in Opposition
Fri 06/28 4:44 PM
ANSWERING BRIEF in Opposition re483 MOTION for Judgment as a Matter of Law [AstraZeneca's Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial Limited to Invalidity] filed by Wyeth LLC.Reply Brief due date per Local Rules is 7/5/2024.(Dellinger, Megan) |
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Att: 1
Ex. A - 04-27-23 Cross - Wyeth initial and AZ counter designations,
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Att: 2
Ex. C - 04-25-23 Ghiorghiu - Wyeth initial and AZ counter designations,
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Att: 3
Ex. D - 04-12-23 Miller- Wyeth initial and AZ counter designations,
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Att: 4
Ex. E - 05-05-23 Ward - Wyeth initial and AZ counter designations,
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Att: 5
Ex. A - 04-26-23 Haber - AZ's Statement of Deposition Transcripts Played at Trial May 14, 2024
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| Wednesday, June 26, 2024 | ||
| 497 | 497
notice
Notice - Other
Wed 06/26 4:58 PM
NOTICE of Demonstrative Lodging (Bench Trial) by Wyeth LLC(Dellinger, Megan) |
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Att: 1
Ex. A- Weiss Direct Demonstratives,
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Att: 2
Ex. B- Troy Direct Demonstratives
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| 496 | 496
notice
Notice - Other
Wed 06/26 2:44 PM
NOTICE of Lodging of AstraZeneca's Bench Trial Demonstratives by AstraZeneca AB, AstraZeneca Pharmaceuticals, LP(DiBenedetto, Emily) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Tuesday, June 25, 2024 | ||
| 495 | 495
respm
Brief - Opening Brief in Support
Tue 06/25 3:36 PM
[SEALED] OPENING BRIEF in Support re494 MOTION Under Rule 59(e) for Supplemental Damages, Interest, and Ongoing Royalties - filed by Wyeth LLC.Answering Brief/Response due date per Local Rules is 7/9/2024.(Smith, Rodger) |
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Att: 1
Ex. A,
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Att: 2
Ex. B,
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Att: 3
Ex. C,
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Att: 4
Ex. D,
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Att: 5
Ex. E,
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Att: 6
Ex. F,
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Att: 7
Ex. G,
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Att: 8
Ex. H,
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Att: 9
Ex. I,
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Att: 10
Ex. J,
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Att: 11
Ex. K,
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Att: 12
Ex. L,
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Att: 13
Ex. M,
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Att: 14
Ex. N,
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Att: 15
Ex. O
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| 494 | 494
motion
Miscellaneous Relief
Tue 06/25 3:30 PM
[SEALED] MOTION Under Rule 59(e) for Supplemental Damages, Interest, and Ongoing Royalties - filed by Wyeth LLC.(Smith, Rodger) |
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Att: 1
Proposed Order
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minutes
Bench Trial - Completed
Tue 06/25 4:16 PM
Oral Order: Bench trial regarding certain affirmative defenses continued and completed on 6/25/2024. The case is taken under advisement. Ordered by Judge Matthew F. Kennelly. (mpb) |
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| Friday, June 21, 2024 | ||
| 493 | 493
order
SO ORDERED
Fri 06/21 3:49 PM
SO ORDERED, regarding492 STIPULATION TO EXTEND TIME to submit public versions of D.I.485 ,489 and491 to July 3, 2024. Signed by Judge Matthew F Kennelly on 6/21/2024. (apk) |
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| 492 | 492
motion
Stipulation to EXTEND Time
Fri 06/21 3:11 PM
STIPULATION TO EXTEND TIME to submit public versions of D.I. 485, 489 and 491 to July 3, 2024 - filed by AstraZeneca AB, AstraZeneca Pharmaceuticals, LP. (DiBenedetto, Emily) |
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minutes
Bench Trial - Held
Fri 06/21 10:14 AM
Minute Entry for a Bench Trial held before Judge Matthew F Kennelly - Bench Trial held on 6/20/2024 and continued to 6/25/2024 at 10:30 a.m. (apk) |
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