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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 1 of 7 PageID #: 125
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`IN THE UNITED STATES DISTRICT COURT.
`FOR THE DISTRICT OF DELAWARE
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`HOSPIRA, INC.;
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`Plaintiff,
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`AMNEAL PHARMACEUTICALS LLC,
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`Defendant.
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`Civil Action No. 15-697-RGA
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`rvf [~$WJ SCHEDULING ORDER,
`This yt day of, ~ . 2015, the Court having conducted an initial Rule .
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`16(b) scheduling conference pursuant to Local Rule 16.l(b), and the parties having detennined
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`after discussion that the matter cannot be resolved at this juncture by settlement, voluntary
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`mediation or binding arbitration;
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`IT IS ORDERED that:
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`1.
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`Rule 26(a)(l) Initial Disclosures. Unless otherwise agreed to by the other
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`parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure
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`26(a)(l) within fifteen days of the date of this Order.
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`2.
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`Delaware Default Standard for Discovery Disclosures. The Delaware Default
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`Standard for Discovery shall apply, unless modified by this Order or by agreement of the parties,
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`with the caveat that paragraph 4( c) is modified such that there will be no 6 year restriction on
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`relevant discovery. The parties shall make their disclosures pursuant to paragraph 3 of the
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`Delaware Default Standard for Discovery by October 30, 2015.
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`3.
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`Joinder·of other Parties and Amendment of Pleadings. All motions to join
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 2 of 7 PageID #: 126
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`parties other than third party ANDA applicants, and to amend or supplement the pleadings, shall
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`be filed on or before July 8, 2016.
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`4.
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`Discovery.
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`a.
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`Discovery Cut Off. All discovery in this case shall be initiated so that it
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`will be completed on or before September 1, 2016~
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`b.
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`Document production. Document production shall be substantially
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`complete by June 10, 2016.
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`c.
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`"Requests forAdmissi6g~, A maximum of 50 requests for admission are
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`permitted for each side, with the exception of unlimited requests for admission for authentication
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`of documents.
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`d.
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`Interrogatories. A maximum of 25 interrogatories, including contention
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`interrogatories, are permitted for each side.
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`e.
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`Depositions.
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`i.
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`Limitation on Hours for Deposition Discovery. Each side is·
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`limited to a total of 70 hours of taking testimony by deposition upon oral examination.
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`·11.
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`Location of Depositions. Any party or representative (officer,
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`director, or managing agent) of a party filing a civil action in this district court must ordinarily be
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`required, upon request, to submit to a deposition at a place designated within this district.
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`Exceptions to this general rule may be made by order of the Court or by agreement of the parties.
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`A defendant who becomes a counterclaimant, cross-claimant, or third-party plaintiff shall be
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`considered as having filed an action in this Court for the purpose of this provision.
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`f.
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`. Discovery Matters and Disputes Relating to Protective Orders. Should
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`counsel find they are unable to resolve a discovery matter or a dispute relating to a protective
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 3 of 7 PageID #: 127
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`order, the parties involved in the discovery matter or protective order dispute shall contact the
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`Court's Case Manager to schedule an in-person conference/argument. Unless otherwise ordered,
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`by no later than forty-eight hours prior to the conference/argument, the party seeking relief shall
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`file With the Court a letter, not to exceed three pages, outlining the issues in dispute and its
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`position on those issues. By no later than twenty-four hours prior to the conference/argument,
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`any party opposing the application for relief may file a letter, not to exceed three pages, outlining
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`that party's.reasons for its opposition. Should any document(s) be filed under seal, a courtesy
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`copy of the sealed document(s) must be provided to the Court within one hour of e-filing the
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`document(s).
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`If a discovery-related motion is filed without leave of the Court, it will be denied
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`without prejudice to the moving party's right to bring the dispute to the Court through the
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`discovery matters procedures set forth in this Order.
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`5.
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`Application to Court for Pt6te~tive ()rder. Should counsel find it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel 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 thirty days from the date of this
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`Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel
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`must follow the provisions of Paragraph 3(f) above.
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering this order and limiting the
`disclosure of information in this case, the Court does not intend to
`preclude another court from finding that information may be
`relevant and subject to disclosure in another case. Any person or
`party subje.ct to this order who becomes subject to a motion to
`disclose another party's information designated as confidential
`pursuant to this order shall promptly notify that party of the motion
`so that the party may have an opportunity to appear and be heard
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 4 of 7 PageID #: 128
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`on whether that information should be disclosed.
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`6.
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`Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to
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`the Clerk an original and one copy of the papers. A redacted version of any sealed document
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`shall be filed electronically within seven days of the filing of the sealed document.
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`7.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and one courtesy copy of any other document filed in support of any briefs (i.e.,
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`appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed
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`under seal.
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`8. ·
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`Claim Construction Issue Identification. On or before December 18, 2015, the
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`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction
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`and their proposed claim construction of those term(s)/phrase(s). This document will not be filed
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`with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
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`Joint Claim Construction Chart to be filed no later than January 8, 2016. The Joint Claim
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`Construction Chart, in Word or WordPerfect format, shall be e-mailed simultaneously with filing
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`to rga_civil@ded.uscourts.gov. The parties' Joint Claim Construction Chart should identify for
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`the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed
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`construction of the disputed claim language with citation(s) only to the intrinsic evidence in
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`support of their respective proposed constructions. A copy of the patent(s) in issue as well as
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`those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
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`Construction Chart. In this joint submission, the parties shall not provide argument.
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`9.
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`Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 20 pages, on February 5, 2016. The Defendant shall serve, but not file, its
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`answering brief, not to exceed 30 pages, on March 1, 2016. The Plaintiff shall serve, but not file,
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 5 of 7 PageID #: 129
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`its reply brief, not to exceed 20 pages, on March 22, 2016. The Defendant shall serve, but not
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`file, its sur-reply brief, not to exceed 10 pages, on April 5, 2016. No later than April 12, 2016,
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`the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their
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`unfiled briefs into one brief, with their positions on each claim term in sequential order, in
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`substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`II.
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`A.
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`Agreed-upon Constructions
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`Disputed Constructions
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`[TERM 1]
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`1.
`2.
`3.
`4.
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`Plaintiff's Opening Position
`Defendant's Answering Position
`Plaintiff's Reply Position
`Defendant's Sur-Reply Position
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`B.
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`[TERM2]
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`1.,
`2...
`3,,
`4.
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`Plaintiff's Opening Position
`Defendant's Answering Position
`Plaintiffs Reply Position
`Defendant's Sur-Reply Position
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`Etc. The parties need not include any general summaries of the law relating to claim
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`construction. Ifthere are any materials that would be submitted in an appendix, the parties shall
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`submit them in a joint appendix.
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`10.
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`Ma~
`Hearing on Claim Construction. Beginning at~~«> on--~-~ 2016, the
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`Court will hear argument on claim construction. Absent prior approval of the Court (which, if it
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`is sought, must be done so by joint letter submission no later than the date on which answering
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`claim construction briefs are due), the parties shall not present testimony at the argument, and the
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`argument shall not exceed a total of three hours.
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`5
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 6 of 7 PageID #: 130
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`11.
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`Disclosure of Expe1t Testimony.
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`a.
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`Expert Reports. For the party who has the initial burden of proof on the·
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`subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before
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`November 2, 2016. The supplemental disclosure to contradict or rebut evidence on the same
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`matter identified by another party is due on or before December 9, 2016. Reply expert reports
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`from the party with the initial burden of proof are due on or before January 9, 2017. No other
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`expert reports will be permitted without either the consent of all parties or leave of the Court.
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`Along with the submissions of the expert reports, the parties shall advise of the dates and times
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`of their experts' availability for deposition. Depositions of experts shall be completed on or
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`before March 7, 2017.
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`b.
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`Objections to Expert Testimony. To the extent any objection to expert
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`testimony is made pursuant to the principles announced in Daubert v. Merrell Dow P harm., Inc.,
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`509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by
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`motion no later than April 7, 2017, unless otherwise ordered by the Court.
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`12.
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`Case Dispositive Motions. No case dispositive motion shall be filed without
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`leave of Court.
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`13.
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`Applications by Motion. Except as otherwise specified herein, any application to
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`the Court shall be by written motion. Any non-dispositive motion should contain the statement
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`required by Local Rule 7. 1.1.
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`14.
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`Pretrial Conference. On May~ 119, 2017, the Court will hold a Rule 16( e)
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`final pretrial conference in Court with counsel beginning at~:~.a~ . The parties shall file a
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`.
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`joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on
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`the third business day before the date of the final pretrial conference. Unless otherwise ordered
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`6
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`' .
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`Case 1:15-cv-00697-RGA Document 13 Filed 09/22/15 Page 7 of 7 PageID #: 131
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`by the Court; the parties shall comply with the timeframes set forth in Local Rule 16.3 ( d) for the
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`preparation of the proposed joint final pretrial order.
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`15. Motions in Limine: Motions in limine shall not be separately filed. All in limine
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`requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall
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`be limited to three in limine requests, unless otherwise permitted by the Court. The in limine
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`request and any response shall contain the authorities relied upon; each in limine request may be
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`supported by a maximum of three pages of argument and may be opposed by a maximum of
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`three pages of argument, and the party making the in limine request may add a maximum of one
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`additional page in reply in support of its request. If more than one party is supporting or
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`opposing an in limine request, such support or opposition shall be combined in a single three
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`page submission (and, if the moving party, a single one page reply). No separate briefing shall
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`16.
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`be submitted on in limine requests, unless otherwise permitted by the Court.
`Trial_'. This matter is scheduled for al-day bench trial beginning at Z! ?f) ~
`[June /..JSfk fi_, 2017 [Hospira proposal] [May
`, 2017 [Amneal proposal]], with the
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`subsequent trial days beginning at fJ1:30 a.m. The trial will be timed, as counsel will be allocated
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`a total number of hours in which to present their respective cases.
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`17.
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`ADR Pro~ess. This matter is referred to a magistrate judge to explore the
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`possibility of alternative dispute resolution.
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`THE HONORABLE RICHARD G. ANDREWS
`UNITED STATES DISTRICT JUDGE
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`7
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