`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`NORTHERN DISTRICT OF ILLINOIS
`
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`Hospira, Inc.,
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`Plaintiff,
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`) No. 16 C 651
`)
`
`) Judge Rebecca R. Pallmeyer
`)
`)
`)
`
`v.
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`
`
`
`
`Fresenius Kabi USA, LLC,
`
`
`
`Defendant.
`
`ORDER
`
`The Court adopts proposed Joint Rule 26(f)(1) report of Plaintiff Hospira and is entered.
`
`Status hearing set for 4/20/2016 at 9:00 AM.
`
`General Discovery:
`Rule 26(a)(1) Initial Disclosures to be made by 2/16/2016.
`
`Initial Core Document Production (LPR 2.1) due by 2/16/2016.
`
`Substantial Completion of Document Production by 8/9/2016.
`
`Rule 26(e) supplementation is ongoing.
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`Close of fact discovery 10/4/2016 (may reopen for 42 days following claim construction ruling)
`(LPR 1.3)).
`
`Pleadings:
`Parties to amend pleadings or join parties by 9/6/2016.
`
`Contentions:
`Hospira’s Initial Infringement Contentions (LPR 2.2) by 3/1/2016.
`
`Fresenius Kabi’s Initial Non-Infringement, Unenforceability, and Invalidity Contentions and
`accompanying document production (LPR 2.3, 2.4) by 3/15/2016.
`
`Hospira’s Initial Response to Invalidity Contentions (LPR 2.5) by 3/29/2016.
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`Hospira’s Final Infringement Contentions (LPR 3.1) by 7/26/2016.
`
`Fresenius Kabi’s Final Unenforceability and Invalidity Contentions, and accompanying document
`production (LPR 3.1, 3.3) by 7/26/2016.
`
`Fresenius Kabi’s Final Non-Infringement Contentions (LPR 3.2) by 8/23/2016.
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`Hospira’s Final Contentions in Response to Final Unenforceability and Invalidity Contentions
`(LPR 3.2) by 8/23/2016.
`
`
`
`Case: 1:16-cv-00651 Document #: 19 Filed: 02/04/16 Page 2 of 2 PageID #:134
`
`
`Claim Construction:
`Exchange Proposed Claim Terms for Construction and Proposed Constructions (LPR 4.1(a)) by
`9/6/2016.
`
`Agreement on Terms for Construction (LPR 4.1(b)) by 9/13/2016.
`
`Fresenius Kabi’s Opening Brief (LPR 4.2(a)) by 10/11/2016.
`
`Joint Appendix (LPR 4.2(b)) by10/11/2016.
`
`Hospira’s Responsive Brief (LPR 4.2(c)) by 11/8/2016.
`
`Fresenius Kabi’s Reply Brief (LPR 4.2(d)) by 11/22/2016.
`
`Joint Chart of Proposed Constructions & Joint Status Report Proposing Format for Hearing (LPR
`4.2(f)) by 12/6/2016.
`
`Exchange Hearing Exhibits (LPR 4.3) – 3 days prior to hearing.
`
`Claim Construction Hearing set for December 20, 2016 at 10:00 AM.
`
`Expert Discovery:
`Opening Expert Reports (issues on which party bears burden of proof (LPR 5.1(b)) – 21 days after
`Claims Construction Ruling.
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`Rebuttal Expert Reports (LPR 5.1(c)) – 35 days after Opening Expert Reports.
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`Close of Expert Discovery (LPR 5.2) – 35 days after Rebuttal Expert Reports.
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`Summary Judgment:
`Dispositive Motions (LPR 6.1) – 28 days after Close of Expert Discovery.
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`Trial:
`Hospira’s Draft of Pre-Trial Order – 40 days after close of Expert Discovery.
`
`Final Pre-Trial Order – 60 days after Close of Expert Discovery.
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`Rule 26(a)(3) Disclosures (witness lists and exhibit lists) – During editing of Pre-trial Order.
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`Pre-Trial Conference – 90 days after Close of Expert Discovery.
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`Trial (4 days) – 30 days after Pre-Trial Conference.
`
`
`ENTER:
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`_________________________________________
`REBECCA R. PALLMEYER
`United States District Judge
`
`
`
`Dated: February 4, 2016
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