Alzheimer's Institute of America v. Elan Corporation PLC et al

Filing 84

ORDER for extension of CMC and time for answer re 83 Stipulation, filed by Alzheimer's Institute of America, Alzheimer's Institute of America, Inc., Elan Pharmaceuticals, Inc.. Signed by Judge Charles R. Breyer on 7/29/2010. (be, COURT STAFF) (Filed on 7/29/2010)

Alzheimer's Institute of America v. Elan Corporation PLC et al

Doc. 84

1 BRYAN CAVE LLP Robert Padway (Bar No. 48439) 2 Berrie Goldman (Bar No. 246061) K. Lee Marshall, pro hac vice 3 Ameer Gado, pro hac vice Two Embarcadero Center, Suite 1400 4 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff ALZHEIMER'S INSTITUTE OF AMERICA, INC. 7 HOWREY LLP Lloyd R. Day, Jr. (Bar No. 90875) 8 Jackie N. Nakamura (Bar No. 148531) 1950 University Avenue, 4th Floor 9 East Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] 11 Attorneys for Defendant ELAN PHARMACEUTICALS, INC. 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 3:10-CV-00482 (CRB) ALZHEIMER'S INSTITUTE OF AMERICA, INC. AND ELAN PHARMACEUTICALS, INC.'S STIPULATED REQUEST FOR EXTENSION OF CASE MANAGEMENT CONFERENCE AND EXTENSION OF TIME FOR AIA'S ANSWER; DECLARATION OF JACKIE NAKAMURA IN SUPPORT OF STIPULATED REQUEST; AND [PROPOSED] ORDER DEMAND FOR JURY TRIAL Hon. Charles R. Breyer

15 ALZHEIMER'S INSTITUTE OF AMERICA, INC., 16 Plaintiff, 17 vs. 18 ELAN PHARMACEUTICALS, INC., 19 ELI LILLY AND COMPANY, ANASPEC INC., IMMUNO-BIOLOGICAL LABORATORIES, 20 INC., THE JACKSON LABORATORY, PHOENIX PHARMACEUTICALS, INC., and 21 AMERICAN PEPTIDE COMPANY, INC., 22 Defendants.

23 ELAN PHARMACEUTICALS, INC., 24 25 vs. Counterclaim Plaintiff,

26 ALZHEIMER'S INSTITUTE OF AMERICA, INC., MICHAEL J. MULLAN, RONALD E. 27 SEXTON, 28 Counterclaim Defendants.
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Dockets.Justia.com

1

In the interest of judicial economy as explained below, and pursuant to Civil L.R. 6-3, Plaintiff

2 Alzheimer's Institute of America, Inc. ("AIA") and Defendant and Counterclaim Plaintiff Elan 3 Pharmaceuticals, Inc. ("Elan Pharmaceuticals") file this stipulated request for: (1) an extension of 30 4 days for AIA, Dr. Michael Mullan and Mr. Ronald Sexton to respond to Elan Pharmaceutical's 5 counterclaims (each Counterclaim Defendant shall file a response on or before September 15, 2010); 6 (2) a continuance of the initial Case Management Conference ("CMC") to October 22, 2010, or as 7 soon thereafter as the Court's calendar will allow; (3) continuation of the parties' corresponding 8 obligations to meet and confer in advance of the CMC regarding initial disclosures and a Case 9 Management Statement, and (4) continuance of the parties' deadline for filing a Joint Case 10 Management Statement. All other defendants agree with the request or do not oppose it. 11 This patent infringement case involves four patents and multiple defendants. In its Answer,

12 Elan Pharmaceuticals has counterclaimed against AIA and named two new Counterclaim Defendants, 13 Dr. Michael Mullan and Mr. Ronald Sexton (served July 26 and 27, 2010, respectively). 14 This Court had previously scheduled a Case Management Conference for May 14, 2010, which

15 was ordered by stipulation to the currently scheduled date of August 13, 2010. Other than the Case 16 Management Conference, no other scheduled hearings will be affected by this extension. 17 AIA and Elan Pharmaceuticals request and stipulate to, and no party opposes, these extensions

18 of time. 19 20 21 22 23 24 25 26 27 28 4. 3. 2. If the Court grants this stipulated request, the following dates would then apply: 1. Each Counterclaim defendant has a 30-day extension to respond to Elan Pharmaceuticals' Counterclaim and shall file a response on or before September 15, 2010; The Case Management Conference will be continued to October 22, 2010, at 8:30 a.m., or thereafter, at the convenience of the Court; September 16, 2010 is the parties' last day to meet and confer regarding initial disclosures (since this will be the parties' Rule 26(f) conference, the Rule 26(a) Initial Disclosures and Rule 26(f) Report/Discovery Plan shall be due by September 30, 2010); October 15, 2010 is the parties' last day to file a Joint Case Management Statement; and
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5.

Pursuant to Local Rule 16-10(a) and this Court's Standing Order, defendant The Jackson Laboratory's counsel, Michael N. Rader and/or Chelsea A. Loughran, may appear by telephone at the Initial Case Management Conference.

Dated: July 28, 2010

Respectfully submitted, BRYAN CAVE LLP By: /s/ Berrie R. Goldman Robert Padway (Bar No. 48439_ Berrie Goldman (Bar No. 246061) K. Lee Marshall, pro hac vice Ameer Gado, pro hac vice Bryan Cave LLP Two Embarcadero Center, Suite 1400 San Francisco, CA 94111 Attorneys for Plaintiff Alzheimer's Institute of America, Inc. HOWREY LLP By: /s/ Jackie N. Nakamura Lloyd R. Day, Jr. (Bar No. 90875) Jackie N. Nakamura (Bar No. 148531) HOWREY LLP 1950 University Avenue, 4th Floor East Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ELAN PHARMACEUTICALS, INC.

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DECLARATION OF JACKIE NAKAMURA IN SUPPORT OF STIPULATED REQUEST I, Jackie N. Nakamura, declare as follows: 1. I am an attorney licensed to practice before this Court and all courts of the State of

4 California. I am a partner with Howrey LLP, counsel for Elan Pharmaceuticals, Inc. ("Elan 5 Pharmaceuticals") in the above-referenced action. 6 2. The contents of this declaration are based upon my personal knowledge and are true and

7 correct to the best of my knowledge and belief. If called to testify, I could and would testify thereto. 8 3. The contents of the foregoing Stipulated Request are true and correct to the best of my

9 knowledge and belief 10 4. Plaintiff's counsel and all counsel for co-Defendants have stipulated to, or do not

11 oppose, these requested extensions of time. 12 5. This Court had previously scheduled a Case Management Conference for May 14,

13 2010, which was ordered by stipulation to the currently scheduled date of August 13, 2010. 14 6. Other than the Case Management Conference, no other scheduled hearings will be

15 affected by this extension. 16 I declare under penalty of perjury under the laws of the United States that the foregoing is true

17 and correct. 18 19 Dated: July 28, 2010 20 21 22 23 24 25 26 27 28
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By:

/s/ Jackie Nakamura Jackie N. Nakamura

1 2 3

[PROPOSED] ORDER

FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that Alzheimer's Institute of

4 America's and Elan Pharmaceuticals, Inc.'s Stipulated Request is GRANTED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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1.

Each Counterclaim defendant has a 30-day extension to respond to Elan Pharmaceuticals' Counterclaim and shall file a response on or before September 15, 2010;

2.

The Case Management Conference will be continued to October 22, 2010, at 8:30 a.m., or thereafter, at the convenience of the Court;

3.

September 16, 2010 is the parties' last day to meet and confer regarding initial disclosures (since this will be the parties' Rule 26(f) conference, the Rule 26(a) Initial Disclosures and Rule 26(f) Report/Discovery Plan shall be due by September 30, 2010);

4. 5.

October 15, 2010 is the parties' last day to file a Joint Case Management Statement; and Pursuant to Local Rule 16-10(a) and this Court's Standing Order, defendant The Jackson Laboratory's counsel, Michael N. Rader and/or Chelsea A. Loughran, may appear by telephone at the Initial Case Management Conference.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated Hon. Charles R. Breyer U.S. District Court Judge

1 2

PROOF OF SERVICE I am employed in the County of San Mateo, State of California. I am over the age of 18 and

3 not a party to the within Action. My business address is 1950 University Avenue, 4th Floor, East Palo 4 Alto, California 94303. 5 6 7 8 9 10 11 2. 3. On July 28, 2010, I served on the interested parties in said Action the within: 1. ALZHEIMER'S INSTITUTE OF AMERICA, INC.'S AND ELAN PHARMACEUTICALS, INC.'S STIPULATED REQUEST FOR EXTENSION OF CASE MANAGEMENT CONFERENCE AND EXTENSION OF TIME FOR AIA'S ANSWER; DECLARATION OF JACKIE NAKAMURA IN SUPPORT OF STIPULATED REQUEST; AND [PROPOSED] ORDER

I hereby certify that a copy of the foregoing document was filed electronically in compliance

12 with Civil Local Rule 5-4 and General Order 45. Therefore, per Civil Local Rule 5-5(b) and General 13 Order 45 § IX, this document was served on all counsel who are deemed to have consented to 14 electronic service. All counsel of record not deemed to have consented to electronic service were 15 served with a true and correct copy of this document as indicated below. 16 17 18 19 20 21 22 23 24 25 26 27 28
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Robert Padway Berrie Goldman Bryan Cave LLP Two Embarcadero Center, Suite 1400 San Francisco, CA 94111 [e-mail] [e-mail] Attorneys for Plaintiff Alzheimer's Institute of America, Inc. David Godkin American Peptide Co., Inc. 777 E. Evelyn Avenue Sunnyvale, CA 94086 [e-mail] Attorney for Defendant American Peptide Co., Inc.

K. Lee Marshall Ameer Gado Bryan Cave LLP One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, MO 63102-2750 [e-mail] [e-mail] Attorneys for Plaintiff Alzheimer's Institute of America, Inc. Bruce Charles Piontkowski Tingley Piontkowski LLP 10 Almaden Boulevard, Suite 430 San Jose, CA 95113 [e-mail] Attorneys for Defendant American Peptide Co., Inc.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Albert Hong AnaSpec, Inc. 34801 Campus Drive Fremont, CA 94555 [e-mail] Attorney for Defendant AnaSpec Incorporated Manisha Desai, pro hac vice Eli Lilly and Company Lilly Corporate Center Indianapolis, IN 46285 Attorney for Defendant Eli Lilly and Company

Jeffrey McKinney McKinney Law Group APC. 851 Moraga Road, Bungalow B Lafayette, CA 94549 [e-mail] Attorneys for Defendant AnaSpec Incorporated Robert F. McCauley III Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 3300 Hillview Avenue Palo Alto, CA 94304-1203 [e-mail] Attorneys for Defendant Eli Lilly and Company

Robert Shaffer, pro hac vice Laura Masurovsky, pro hac vice Robert Bajefsky, pro hac vice Amy Purcell, pro hac vice Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Avenue, NW Washington, DC 20001-4413 [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Eli Lilly and Company Stephen Doyle, pro hac vice Stephen Hance, pro hac vice Doyle Hance Lawyers LLC Two Carlson Parkway, Suite 230 Minneapolis, MN 55447-4466 [e-mail] [e-mail] Attorneys for Defendant Immuno-Biological Laboratories, Incorporated

Charles Lipsey, pro hac vice L. Scott Burwell, pro hac vice Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190-5675 [e-mail] [e-mail] Attorneys for Defendant Eli Lilly and Company

Todd Noah Dergosits & Noah LLP Three Embarcadero Center, Suite 410 San Francisco, CA 94111 [e-mail] Attorneys for Defendant The Jackson Laboratory

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Michael Rader Chelsea Loughran, pro hac vice Wolf, Greenfield & Sacks, P.C. 600 Atlantic Avenue Boston, MA 02210-2206 [e-mail] [e-mail] Attorneys for Defendant The Jackson Laboratory

Eng Tau Phoenix Pharmaceuticals, Inc. 330 Beach Road Burlingame, CA 94010 [e-mail] Attorney for Defendant Phoenix Pharmaceuticals, Inc.

X

(EMAIL/ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the submission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury that I am employed in the office of a member of the bar of

this Court at whose direction the service was made and that the foregoing is true and correct. Executed on July 28, 2010, at East Palo Alto, California. /s/ Jackie Nakamura Jackie Nakamura

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[PROPOSED] ORDER

FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that Alzheimer's Institute of

4 America's and Elan Pharmaceuticals, Inc.'s Stipulated Request is GRANTED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-5DM_US:23374758_1 Case No. 3:10-cv-00482 (CRB) AIA'S AND ELAN'S STIPULATED REQUEST FOR EXTENSION

1.

Each Counterclaim defendant has a 30-day extension to respond to Elan Pharmaceuticals' Counterclaim and shall file a response on or before September 15, 2010;

2.

The Case Management Conference will be continued to October 22, 2010, at 8:30 a.m., or thereafter, at the convenience of the Court;

3.

September 16, 2010 is the parties' last day to meet and confer regarding initial disclosures (since this will be the parties' Rule 26(f) conference, the Rule 26(a) Initial Disclosures and Rule 26(f) Report/Discovery Plan shall be due by September 30, 2010);

4. 5.

October 15, 2010 is the parties' last day to file a Joint Case Management Statement; and Pursuant to Local Rule 16-10(a) and this Court's Standing Order, defendant The Jackson Laboratory's counsel, Michael N. Rader and/or Chelsea A. Loughran, may appear by telephone at the Initial Case Management Conference.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated

July 29, 2010

UNIT ED

S DISTRICT TE C TA Hon. Charles R. Breyer
U.S. District Court Judge

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