A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Disclosure Statement

Hercules Slaying the Hydra

Judge Connolly’s new order provides a concise summary of the Mavexar timeline and announced the date of a long-delayed evidentiary hearing in the Creekview case.

Mark your calendars for Friday, 7/21 at 9:00AM in Courtroom 4B. This hearing was originally slated for December 6, 2022, but it never happened.

Last fall, Judge Connolly ordered a series of evidentiary hearings in approximately a dozen cases to determine whether LLC plaintiffs had complied with his standing order.

According to the Court in his newest order, the first hearing in that series, involving Nimitz, Mellaconic, and Lamplight:

raised serious concerns that the parties may have made inaccurate statements in filings with the Court; that counsel, including Mr. Chong, may have …

One of the phrases you least want to see on your docket is "deficiency notice." In the scale of bad docket entries it sits somewhere between "untimely" and "consumed by fire."

Worst of all, consumed by untimely fire
AI-Generated, displayed with permission

But alas, these notices come regardless, and in fact the last few weeks have brought quite a few that I hadn't seen before in Delaware. Example below:

DEFICIENCY NOTICE issued by the Court to defendants Alembic Pharmaceuticals Limited, Alembic Global Holding SA, an Alembic Pharmaceuticals, Inc defendant Nanjing Noratech Pharmaceutical Co., Limited: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel for the defendant is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement.

Novartis Pharms. Corp. v. Alembic Pharms. Ltd., C.A. No. 22-1395-RGA (D. Del. Jan 18, 2023).

As noted in the docket entry, Rule 7.1 requires parties to file a corporate disclosure statement with their "first appearance, pleading, petition, motion, response, or other request addressed to the court." This is easy enough to remember for plaintiffs, who usually ...