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16-13987 - United States, et al v. Cytogel Pharma, LLC


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16-13987 - United States, et al v. Cytogel Pharma, LLC
February 6, 2017
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*VACATED IN PART- See Rec. Doc. #67** ORDER AND REASONS granting 31 Motion to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims. Accordingly; IT IS ORDERED that the Government's 12(b)(1) motion with respect to Counterclaims 2, 3 and 8 to 15 against the Government is GRANTED. Counterclaims 2,3 and 8 to 15 against the Government are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 2/6/2017. (cg) Modified on 3/28/2017 (clc).
November 1, 2017
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istrate Judge Janis van Meerveld on 11/1/2017.(ajn)ORDER AND REASONS re 102 MOTION for Protective Order is GRANTED in part and DENIED in part. The Parties shall submit by Exparte Motion a new proposed Protective Order in accordance with the Court's ruling herein, within 7 days. Signed by Mag
April 30, 2018
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ORDER AND REASONS Granting in part and Denying in part 152 Motion to Compel as set forth in document. Signed by Magistrate Judge Janis van Meerveld on 4/30/2018. (ajn)
July 20, 2018
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ORDER AND REASONS granting 195 Motion for Leave to File First Amended and Restated Affirmative Defenses and Second Amended and Restated Counterclaims. Signed by Magistrate Judge Janis van Meerveld on 7/20/2018. (ajn)
August 17, 2018
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ORDER AND REASONS: Denying 221 Motion to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories. Signed by Magistrate Judge Janis van Meerveld on 8/17/2018. (ajn)
September 17, 2018
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ORDER AND REASONS: IT IS ORDERED that the 75 Refiled Motion of Plaintiff the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, in which Plaintiff the United States of America joins, to dismiss Counts 2 and 3 of Defendant Cytogel Pharma LLC's First Amended and Restated Counterclaims against Tulane and Dr. Zadina pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure be and hereby is DENIED as set forth herein. Signed by Judge Susie Morgan on 9/17/2018.(jls)
September 17, 2018
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ORDER AND REASONS: IT IS ORDERED that Counterclaim-Defendant Dr. James E. Zadina's 223 Motion for Partial Summary Judgment on Counts 1, 4, 5, 9, 10, 12, and 14 of Defendant Cytogel Pharma, LLC's ("Cytogel") Second Amended and Restated Counterclaims be and hereby is DENIED as set forth herein. Signed by Judge Susie Morgan on 9/17/2018. (jls)
September 17, 2018
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ORDER AND REASONS: IT IS ORDERED that Plaintiff the United States' 76 Motion to Dismiss Counts 10 and 13 of Defendant Cytogel Pharma, LLC's First Amended and Restated Counterclaims be and hereby is GRANTED, as set forth herein. IT IS FURTHER ORDERED that Counts 10 and 13 of Cytogel's 220 Second Amended and Restated Counterclaims as against the United States be and hereby are DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 9/17/2018. (jls)
September 20, 2018
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ORDER AND REASONS - IT IS ORDERED that Count 2 of the Complaint of Plaintiffs the Administrators of the Tulane Educational Fund ("Tulane") and the United States and Count 14 of Defendant Cytogel Pharma, LLC's ("Cytogel") Second Amended and Restated Counterclaims be and hereby are DISMISSED WITHOUT PREJUDICE as to U.S. Patent Application No. 14/268,057 ("the '057 Application"), U.S. Patent Application No. 14/845,813 ("the '813 Application"), U.S. Patent Application No. 14/974,249 ("the '249 Application"), and U.S. Patent Application No. 15/450,259 ("the '259 Application"). IT IS FURTHER ORDERED that there be SEPARATE TRIALS in the instant action as follows: (1) the trial currently scheduled to begin on December 3, 2018 will deal with Count 1 of the Complaint and all claims in Cytogel's Second Amended and Restated Counterclaims other than Count 14, and (2) the second trial, to be scheduled at a later date, will deal with Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the 273 Motion to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) filed by Tulane, Dr. Zadina, and the United States be and hereby is DENIED AS MOOT as to the inventorship of pending patent applications and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. Signed by Judge Susie Morgan. (bwn)