Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 1 of 12 PageID #: 114
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 13-2046-GMS
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`C.A. No. 13-1738-GMS
`C.A. No. 14-1042-GMS
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`C.A. No. 13-2080-GMS
`C.A. No. 14-1237-GMS
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`1
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`HETERO LABS LTD. and HETERO USA
`INC.,
`
`Defendants.
`
`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
`
`EAGLE PHARMACEUTICALS, INC.,
`
`Defendant.
`
`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
`
`AGILA SPECIALTIES INC. F/K/A
`STRIDES, INC. and ONCO THERAPIES
`LIMITED,
`
`Defendants.
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`

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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 2 of 12 PageID #: 115
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`C.A. No. 13-2081-GMS
`C.A. No. 14-590-GMS
`C.A. No. 14-1238-GMS
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`C.A. No. 13-2082-GMS
`C.A. No. 14-0334-GMS
`C.A. No. 14-1241-GMS
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`C.A. No. 13-2093-GMS
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`2
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`CEPHALON, INC.,
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`Plaintiff,
`
`v.
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`INNOPHARMA, INC.,
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`Defendant.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`DR. REDDY’S LABORATORIES, LTD.
`and DR. REDDY’S LABORATORIES,
`INC.,
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`Defendants.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`GLENMARK PHARMACEUTICALS LTD.,
`GLENMARK GENERICS LTD.,
`GLENMARK GENERICS S.A., and
`GLENMARK GENERICS INC., USA,
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`Defendants.
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`

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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 3 of 12 PageID #: 116
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`C.A. No. 13-2094-GMS
`C.A. No. 14-1242-GMS
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`C.A. No. 13-2095-GMS
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`C.A. No. 13-2096-GMS
`C.A. No. 14-0333-GMS
`C.A. No. 14-1243-GMS
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`C.A. No. 13-2104-GMS
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`3
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`CEPHALON, INC.,
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`Plaintiff,
`
`v.
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`HOSPIRA INC.,
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`Defendant.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`ACCORD HEALTHCARE, INC. and
`INTAS PHARMACEUTICALS LTD.,
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`Defendants.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`SUN PHARMA GLOBAL FZE and SUN
`PHARMACEUTICAL INDUSTRIES LTD.,
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`Defendants.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`SANDOZ INC.,
`
`Defendant.
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`

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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 4 of 12 PageID #: 117
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`C.A. No. 14-0122-GMS
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`C.A. No. 14-335-GMS
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`C.A. No. 14-568-GMS
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`C.A. No. 14-671-GMS
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`4
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`CEPHALON, INC.,
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`Plaintiff,
`
`v.
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`ACTAVIS LLC, F/K/A ACTAVIS INC.,
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`Defendant.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`EMCURE PHARMACEUTICALS LTD. and
`EMCURE PHARMACEUTICALS USA, INC.,
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`Defendants.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`UMAN PHARMA, INC.
`
`Defendant.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`BRECKENRIDGE PHARMACEUTICAL,
`INC. and NATCO PHARMA LTD.,
`
`Defendants.
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`

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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 5 of 12 PageID #: 118
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`C.A. No. 14-1045-GMS
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`C.A. No. 14-1116-GMS
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`C.A. No. 14-1332-GMS
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`BEN VENUE LABORATORIES, INC.,
`formerly d/b/a BEDFORD LABORATORIES,
`HIKMA PHARMACEUTICALS PLC, and
`WEST-WARD PHARMACEUTICAL CORP.,
`
`Defendants.
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`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`SAGENT PHARMACEUTICALS, INC.,
`
`Defendant.
`
`CEPHALON, INC.,
`
`Plaintiff,
`
`v.
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`WOCKHARDT BIO LTD., WOCKHARDT
`LTD., and WOCKHARDT USA, LLC,
`
`Defendants.
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`[PROPOSED] SCHEDULING ORDER
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`This ______ day of _______________ 20___, the Court having conducted a Rule 16
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`Scheduling Conference pursuant to Local Rule 16.2(b) on October 30, 2014, and the parties
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`having determined after discussion that the matter cannot be resolved at this juncture by
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`5
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 6 of 12 PageID #: 119
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`settlement, voluntary mediation or binding arbitration;
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`IT IS ORDERED that:
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`1.
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`Consolidation. Civil Action Nos. 13-1738-GMS, 13-2046-GMS, 13-2080-GMS,
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`13-2081-GMS, 13-2082-GMS, 13-2093-GMS, 13-2094-GMS, 13-2095-GMS, 13-2096-GMS,
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`13-2104-GMS, 14-0122-GMS, 14-0333-GMS, 14-0334-GMS, 14-0335-GMS, 14-0568-GMS,
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`14-0590-GMS, 14-1042-GMS, 14-1045-GMS, 14-1237-GMS, 14-1238-GMS, 14-1239-GMS,
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`14-1241-GMS, 14-1242-GMS, 14-1243-GMS, and 14-1332-GMS are consolidated. All filings
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`in those actions shall be made only in Civil Action No. 13-2046-GMS, and the case caption shall
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`be as follows:
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`C.A. No. 13-2046-GMS (consolidated)
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`IN RE BENDAMUSTINE CONSOLIDATED
`CASES
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`2.
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`Rule 26(a) and Other Initial Disclosures. Unless otherwise agreed to by the
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`parties, they shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)
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`and on or before November 6, 2014.
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`3.
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`Joinder of other Parties and Amendment of Pleadings. Unless otherwise
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`agreed to by the parties, all motions to join other parties and amend the pleadings shall be filed
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`on or before February 16, 2015.
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`4.
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`Markman Claim Construction Hearing. A Markman claim construction
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`hearing shall be held on March 4, 2015at 9:30 a.m. The Markman hearing is scheduled for a
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`6
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 7 of 12 PageID #: 120
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`total of 7 hours with each side having 3.5 hours, unless the parties later agree otherwise. On or
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`before November 6, 2014, the parties shall meet and confer regarding narrowing and reducing
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`the number of claim construction issues. On or before November 21, 2014, the parties shall
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`submit a Final Joint Claim Chart which shall include citations to intrinsic evidence. The plaintiff
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`shall submit to the court, a Joint Appendix of Intrinsic Evidence (the “Joint Appendix”)
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`containing all intrinsic evidence relied upon in the claim construction briefing. A sample table of
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`contents of the Joint Appendix can be located on this court’s website at www.ded.uscourts.gov.
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`The Joint Appendix shall be filed on the same day as the answering claim construction briefs.
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`The parties shall file opening claim construction briefs on December 19, 2014, and answering
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`claim construction briefs on January 16, 2014. Each side shall have a maximum of 50 pages per
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`brief, and briefing otherwise will be presented pursuant to the Court’s Local Rules. Any
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`Defendant may further seek leave of court to file short concise supplemental briefing on term(s)
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`which that Defendant cannot join with the consolidated briefing, and should leave be granted,
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`Cephalon may file supplemental briefing of equal length.
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`5.
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`Discovery. All fact discovery in this case shall be initiated so that it will be
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`completed on or before April 17, 2015. Opening expert reports on issues on which a party bears
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`the burden of proof shall be served on or before June 19, 2015. Rebuttal expert reports shall be
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`served on or before July 17, 2015. Reply expert reports only as to objective indicia of
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`nonobviousness, if raised, shall be served on or before August 7, 2015. A status teleconference
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`is set for July 27, 2015 at 1:00 p.m. regarding expert depositions, if necessary. The parties shall
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`file a joint status letter with the court one week prior to the teleconference, on July 23, 2015,
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`explaining the issues that need to be discussed. Expert Discovery in this case shall be initiated so
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`that it will be completed on or before September 25, 2015.
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`7
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 8 of 12 PageID #: 121
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`a.
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`Discovery and Scheduling Matters. Should counsel find they are unable
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`to resolve a discovery1 or scheduling matter, the party seeking the relief shall contact chambers
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`at (302) 573-6470 to schedule a telephone conference. Not less than forty-eight hours prior to
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`the teleconference, the parties shall file with the court, via electronic means (CM/ECF), a Joint
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`Letter Agenda, which is non-argumentative, not to exceed two (2) pages outlining the issue(s)
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`in dispute. A sample letter can be located on this court’s website at www.ded.uscourts.gov.
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`After the parties have had three (3) discovery teleconferences, a party will be required to show
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`good cause why the court should permit another discovery teleconference as to that party.2
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`Should the court find further briefing necessary upon conclusion of the telephone conference,
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`unless otherwise directed, the party seeking relief shall file with the court a TWO PAGE
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`LETTER, exclusive of exhibits, describing the issues in contention. The responding party shall
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`file within five (5) days from the date of service of the opening letter an answering letter of no
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`more than TWO PAGES. The party seeking relief may then file a reply letter of no more than
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`TWO PAGES within three (3) days from the date of service of the answering letter.
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`b.
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`Discovery Limitations. The parties agree to adhere to the limitations on
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`discovery set forth in the Federal Rules of Civil Procedure, the Local Rules, and Paragraph 4(e)
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`of the Court’s Default Discovery Standard, except as further ordered by the Court, and except
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`that:
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`1 Unless the court otherwise orders, should counsel be unable to agree on the discovery of paper
`and electronic documents, the court’s “Default Standard for Discovery, Including Discovery of
`Electronically Stored Information” (“ESI”) shall govern.
`2 Given the number of defendants and the possibility of individual discovery disputes,
`Defendants request a deviation from the Court’s form order.
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`8
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 9 of 12 PageID #: 122
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`i.
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`Requests for Admission: Cephalon shall be limited to fifty (50)
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`requests for each defendant group,3 except
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`for
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`the purpose of
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`authenticity. Each defendant group shall be limited to fifty (50)
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`requests for admission, except for the purpose of authenticity.
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`ii. Interrogatories: Cephalon shall be permitted to serve twenty-five
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`(25) interrogatories, including distinct and separate subparts, per each
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`defendant group. Each defendant group shall be permitted to serve
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`fifteen (15) interrogatories, including distinct and separate subparts, on
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`Cephalon. Defendants collectively shall be permitted to serve twenty-
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`five (25) common interrogatories,
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`including distinct and separate
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`subparts.
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`iii.
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`Fact Depositions: Cephalon shall be permitted five (5) depositions of
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`each defendant group and three (3) third-party depositions per each
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`defendant group. Cephalon shall be permitted a pool of twenty-five
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`(25) additional fact depositions to use as it sees fit, except
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`that
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`Cephalon shall not take more than eight (8) fact depositions of any one
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`defendant group. Those eight (8) fact depositions do not include third-
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`party depositions.
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`Each defendant group shall be permitted a maximum of ten
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`(10) depositions of Cephalon and a maximum of ten (10) third party
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`depositions, provided, however, that Defendants shall at one time
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`3 A “defendant group” consists of (a) a group of defendants in this case who have a common
`parent company, including such parent company; (b) a single defendant that does not share a
`common parent with any other defendant; or (c) a group of defendants in this case who have
`acted in concert to file with FDA either an NDA or ANDA.
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`9
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 10 of 12 PageID #: 123
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`collectively take the deposition of an individual or 30(b)(6) issue-
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`designee that
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`is common to those Defendants.
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`The parties are
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`continuing to negotiate additional limitations on fact depositions, and
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`will submit an amendment to this section of the Scheduling Order on
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`or before December 1, 2014.
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`iv.
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`Third-Party Subpoenas: Any party which serves a subpoena upon a
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`third party will simultaneously serve a copy of such subpoena upon
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`every other party. Moreover, any party that receives documents from
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`a third party pursuant to a subpoena will reproduce those documents to
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`the other parties within ten (10) days. Where reproduction of
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`documents within the above time frame is not possible, the party that
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`received the documents will provide immediate notice to the other
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`parties and the parties, on a case-by-case basis, will resolve the issue.
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`v.
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`Expert Depositions: The parties agree that expert depositions will not
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`count
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`towards the fact deposition limits defined above by each
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`defendant group. The parties shall meet and confer to set discovery
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`limitations on expert depositions during the period between when
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`opening expert reports are served and rebuttal expert reports are due.
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`6.
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`Confidential Information and Papers filed under Seal. Should counsel find it
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`will be necessary to apply to the court for a protective order specifying terms and conditions for
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`the disclosure of confidential information, they should confer and attempt to reach an agreement
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`on a proposed form of order and submit it to the court within ten days from the date of this order.
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`When filing papers under seal, counsel should deliver to the Clerk an original and two copies of
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 11 of 12 PageID #: 124
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`the papers.
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`7.
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`Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
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`the United States Magistrate Judge for the purpose of exploring the possibility of a settlement.
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`The parties shall wait to be contacted by the assigned United States Magistrate Judge.
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`8.
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`Applications by Motion. Except as provided in this Scheduling Order or for
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`matters relating to scheduling, any application to the Court shall be by written motion filed, via
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`electronic means (CM/ECF). Unless otherwise requested by the Court, counsel shall not deliver
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`copies of papers or correspondence to Chambers. Any non-dispositive motion should contain the
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`statement required by Local Rule 7.1.1.
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`9.
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`Summary Judgment Motions. Prior to filing any summary judgment motion,
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`the parties must submit letter briefs seeking permission to file the motion. The opening letter
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`brief shall be no longer than five (5) pages and filed with the Court no later than __________.
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`Reply letter briefs shall be no longer than three (3) pages and filed with the Court on or before
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`__________. If the Court determines that argument is necessary to assist in the resolution of any
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`request to file summary judgment, it shall notify the parties of the date and time on which the
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`Court will conduct a telephone conference to hear such argument. Unless the Court directs
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`otherwise, no letter requests to file a motion for summary judgment may be filed at a time before
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`the dates set forth in paragraph 9.
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`10.
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`Oral Argument. If the Court believes that oral argument is necessary, the Court
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`will schedule a hearing Pursuant to District of Delaware Local Rule 7.1.4.
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`11.
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`Pretrial Conference. On November 9, 2015, beginning at 9:30 a.m., the Court
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`will hold a Pretrial Conference in Chambers with counsel. Unless otherwise ordered by the
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`Court,
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`the parties should assume that filing the Joint Pretrial Order satisfies the pretrial
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`Case 1:14-cv-01239-GMS Document 11 Filed 11/12/14 Page 12 of 12 PageID #: 125
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`disclosure requirement in Federal Rule of Civil Procedure 26(a)(3). A sample form of Pretrial
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`Order can be located on this court’s website at www.ded.uscourts.gov. Thirty (30) days before
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`the Joint Proposed Pretrial Order is due, Plaintiff’s counsel shall forward to defendant’s counsel
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`a draft of the pretrial order containing the information Plaintiff proposes to include in the draft.
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`Defendant’s counsel shall, in turn, provide to Plaintiff’s counsel any comments on the Plaintiff’s
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`draft, as well as the information defendant proposes to include in the proposed pretrial order.
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`Motions in limine4: NO MOTIONS IN LIMINE SHALL BE FILED; instead, the parties shall
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`be prepared to address their evidentiary issues at the Pretrial Conference and during trial (before
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`and after the trial day). The parties shall file with the court the joint Proposed Final Pretrial
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`Order in accordance with the terms and with the information required by the form of Final
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`Pretrial Order, which can be located on this court’s website at www.ded.uscourts.gov on or
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`before October 9, 2015.
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`12.
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`Trial. This matter is scheduled for a 10-day (jury or bench) bench trial beginning
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`at 10:00 a.m. on November 30, 2015.
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`13.
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`Scheduling. The parties shall contact chambers, at (302) 573-6470, only in
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`situations where scheduling relief is sought, and only then when ALL participating counsel is on
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`the line for purposes of selecting a new date.
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`UNITED STATES DISTRICT JUDGE
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`4The parties should simply list, in an Exhibit to be attached to the Pretrial order, the issues under
`a heading such as “Plaintiff’s [name of party] List of Evidentiary Issues It Intends To Raise.”
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`12