`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF
`ILLINOIS EASTERN DIVISION
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`C.A. No. 1:16-cv-00651
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`Plaintiff,
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`Defendants.
`
`v.
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`FRESENIUS KABI USA, LLC,
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`HOSPIRA, INC.
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`JOINT MOTION TO REQUEST A STATUS CONFERENCE
`Plaintiff Hospira, Inc. and Defendant Fresenius Kabi USA, LLC, by their undersigned
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`attorneys, jointly respectfully request that the Court hold a status conference on Tuesday,
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`September 19, 2017, or anytime thereafter at the convenience of the Court. In support of this
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`Motion, the Parties state as follows:
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`1.
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`After written submissions by both parties, the Court held the Claim Construction
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`Hearing on December 20, 2016. (D.I. 64.)
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`2.
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`At the conclusion of the hearing, the Court reserved judgment and took the issues
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`of claim construction under advisement. The Court has not issued a ruling or order construing
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`the disputed terms of the patents-in-suit.
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`3.
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`Pursuant to the Local Patent Rules, discovery has been stayed in this matter
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`pending entry of a claim construction ruling. LPR 1.3; LPR 5.1.
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`4.
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` Recently, in late August, Hospira completed a bench trial in a separate matter
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`concerning the same patents-in-suit. The trial was conducted before Judge Richard G. Andrews
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`in Hospira, Inc. v. Amneal Pharmaceuticals LLC (D. Del. No. 15-697-RGA). The parties’ post-
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`trial briefing is scheduled to be complete in late October; the Court indicated that it intends to
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`Case: 1:16-cv-00651 Document #: 65 Filed: 09/14/17 Page 2 of 3 PageID #:2361
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`issue a ruling by late December.
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`5.
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`The Parties agree that holding a status conference may allow the Parties to
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`provide information needed to the Court to resolve the outstanding claim construction issues and
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`provide guidance about possible additional discovery that may be needed upon entry of a claim
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`construction ruling. Hospira can also provide information regarding the recent trial should the
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`Court have questions.
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`WHEREFORE, Plaintiff Hospira, Inc. and Defendant Fresenius Kabi USA, LLC jointly
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`request that this Court hold a status conference on Tuesday, September 19, 2017.
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`
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`Dated: September 14, 2017
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`
`JENNER & BLOCK LLP
`
`__/s/ Bradford P. Lyerla___________
`Bradford P. Lyerla
`Sara T. Horton
`Yusuf Esat
`353 N. Clark Street
`Chicago, IL 60654
`(312) 222-9350
`blyerla@jenner.com
`shorton@jenner.com
`yesat@jenner.com
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`Attorneys for Plaintiff Hospira, Inc.
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`
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`Respectfully submitted,
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`
`SCHIFF HARDIN LLP
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`__/s/ Joel M. Wallace___________________
`Imron T. Aly
`Joel M. Wallace
`Emily M. Peña
`Tara L. Feld
`233 South Wacker Drive, Suite 7200
`Chicago, Illinois 60606
`(312) 258-5500
`ialy@schiffhardin.com
`jwallace@schiffhardin.com
`epena@schiffhardin.com
`tfled@schiffhardin.com
`
`Ahmed M.T. Riaz (pro hac vice)
`666 Fifth Avenue, 17th Floor
`New York, NY 10103
`(212) 753-5000
`ariaz@schiffhardin.com
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`Attorneys for Defendant
`Fresenius Kabi USA, LLC
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`
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`Case: 1:16-cv-00651 Document #: 65 Filed: 09/14/17 Page 3 of 3 PageID #:2362
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 14th day of September, 2017, I caused a true and correct copy
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`of the foregoing JOINT MOTION TO REQUEST A STATUS CONFERENCE via the Court’s
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`CM/ECF system on all counsel of record.
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`
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`Date: September 14, 2017
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`__/s/ Joel M. Wallace_________________
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