`
`
`
`HOSPIRA, INC.
`
`
`
`
`
`FRESENIUS KABI USA, LLC
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`)
`
`
`[PROPOSED] SCHEDULING ORDER
`
`
`
`
`
`C.A. No. 16-cv-651
`C.A. No. 17-cv-7903
`
`Hon. Judge Rebecca R. Pallmeyer
`
`Plaintiff,
`
`Defendant.
`
`Pursuant to the Court’s Order (Case No. 16-651, D.I. 77), Plaintiff Hospira, Inc. and
`
`Defendant Fresenius Kabi USA, LLC (collectively, “the Parties”), jointly submit the below
`
`proposed case schedule for the above-captioned cases.
`
`Date
`
`Event
`
`Fresenius Kabi’s Stipulation of Infringement (of an agreed set of
`claims) / Hospira’s identification of asserted claims
`
`Written discovery requests1
`
`Fresenius Kabi’s Invalidity Contentions
`
`Hospira’s Infringement Contentions (if infringement stipulation
`not reached)
`
`Fresenius Kabi’s Non-Infringement Contentions (if infringement
`stipulation not reached)
`
`Hospira’s Response to Invalidity Contentions
`
`Close of Fact Discovery
`
`1 Given the substantial discovery already completed in this case, Hospira believes the written
`requests should be limited to two interrogatories and five requests for admission, per side.
`Fresenius Kabi does not agree to a specific limitation of discovery requests but expects that the
`parties can reach agreement on a reasonable limitation. Hospira reserves the right to seek relief
`if Fresenius Kabi’s requests are excessive.
`
`Dec. 29, 2017
`
`Dec. 29, 2017
`
`Jan. 5, 2018
`
`Jan. 5, 2018
`
`Jan. 24, 2018
`
`Jan. 24, 2018
`
`Feb. 2, 2018
`
`
`
`
`
`Case: 1:16-cv-00651 Document #: 78 Filed: 12/21/17 Page 2 of 3 PageID #:2432
`
`
`
`
`
`Opening expert reports [Pl. Infringement (if no
`stipulation), Secondary Considerations; Def. Invalidity]
`
`Responsive expert reports [Pl. Validity; Def. Non-infringement
`(if no stipulation), Secondary Considerations]
`
`Close expert discovery
`
`Hospira’s draft Pre-trial Order
`
`Final Pre-trial Order
`
`Pre-trial Conference
`
`Trial
`
`
`
`
`Dated: December 21, 2017
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`Feb. 9, 2018
`
`Mar. 2, 2018
`
`Mar. 16, 2018
`
`Mar. 23, 2018
`
`Apr. 6, 2018
`
`TBD
`
`Late April 2018
`
`/s/ Bradford P. Lyerla
`
`Bradford P. Lyerla
`Sara T. Horton
`Yusuf Esat
`Chad J. Ray
`JENNER & BLOCK LLP
`353 N. Clark Street
`Chicago, IL 60654-3456
`(312) 222-9350
`blyerla@jenner.com
`shorton@jenner.com
`yesat@jenner.com
`cray@jenner.com
`
`Attorneys for Plaintiff
`Hospira, Inc.
`
`/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
`tkurtis@schiffhardin.com
`
`Ahmed M.T. Riaz (pro hac vice)
`666 Fifth Avenue, 17th Floor
`New York, NY 10103
`(212) 753-5000
`ariaz@schiffhardin.com
`
`Attorneys for Defendant Fresenius Kabi USA,
`LLC
`
`
`
`2
`
`
`
`Case: 1:16-cv-00651 Document #: 78 Filed: 12/21/17 Page 3 of 3 PageID #:2433
`
`
`
`CERTIFICATE OF SERVICE
`
`I , Yusuf Esat, an attorney at the law firm of Jenner & Block LLP, hereby certify that on
`
`December 21, 2017, I caused a true and correct copy of the foregoing [PROPOSED]
`
`SCHEDULING ORDER to be electronically served on counsel of record via the Court’s
`
`CM/ECF system.
`
`
`
`
`
`/s/ Yusuf Esat
` Yusuf Esat
`
`
`
`
`
`3
`
`
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