`Case: 1:16-cv-00651 Document #: 83 Filed: 01/16/18 Page 1 of 4 PageID #:2499
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`1
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Docket No. 16 C 651
`
`Chicago, Illinois
`September 19, 2017
`9:04 a.m.
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`)))))))))
`
`HOSPIRA, INC.,
`
`Plaintiff,
`
`vs.
`
`FRESENIUS KABI USA, LLC,
`
`Defendant.
`
`TRANSCRIPT OF PROCEEDINGS - Status
`BEFORE THE HONORABLE REBECCA R. PALLMEYER
`
`APPEARANCES:
`
`For the Plaintiff:
`
`JENNER & BLOCK LLP
`BY: MR. YUSUF ESAT
`353 North Clark Street
`Chicago, Illinois 60654
`
`For the Defendant:
`
`SCHIFF HARDIN LLP
`BY: MR. JOEL M. WALLACE
`233 South Wacker Drive, Suite 6600
`Chicago, Illinois 60606
`
`Court Reporter:
`
`FRANCES WARD, CSR, RPR, RMR, FCRR
`Official Court Reporter
`219 S. Dearborn Street, Suite 2144D
`Chicago, Illinois 60604
`(312) 435-5561
`frances_ward@ilnd.uscourts.gov
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`Case: 1:16-cv-00651 Document #: 83 Filed: 01/16/18 Page 2 of 4 PageID #:2500
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`2
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`THE CLERK: 16 C 651, Hospira versus Fresenius Kabi
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`for status.
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`MR. ESAT: Good morning, your Honor.
`
`Yusuf Esat for plaintiff, Hospira.
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`THE COURT: Good morning.
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`MR. WALLACE: Joel Wallace for defendant, Fresenius
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`Kabi USA.
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`THE COURT: Good morning.
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`I'm sorry about the delay on the claims
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`construction. I got a passel of patent cases lined up for
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`ruling right now. I do expect it to be probably in October.
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`But you had something else to report, you said.
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`MR. ESAT: Yes, your Honor.
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`On a separate topic, just as sort of set forth in
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`the parties' motion, there is a second related case. As your
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`Honor may recall, it's against Amneal in the District of
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`Delaware. It's the same four patents-in-suit.
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`The trial was complete last month. The parties are
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`going through posttrial briefing at the moment. And the
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`court indicated there that it should issue a ruling by the
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`end of the year.
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`THE COURT: Okay. Will that ruling relate to any
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`claims construction issues, to your knowledge?
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`MR. ESAT: Yes, it likely will. There is overlap.
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`We had a claim construction ruling earlier in the
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`Case: 1:16-cv-00651 Document #: 83 Filed: 01/16/18 Page 3 of 4 PageID #:2501
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`3
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`case, but it did not address two of the terms that we
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`litigated before your Honor: "ready to use" and "sealed."
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`THE COURT: Okay. Did the Delaware judge rule on
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`other claims?
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`MR. ESAT: On other claim terms, yes.
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`THE COURT: As of when?
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`MR. ESAT: I believe that was in June of last year.
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`MR. WALLACE: 2016.
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`THE COURT: Oh, June of 2016?
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`MR. ESAT: Yes.
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`THE COURT: Okay. All right. That's fine.
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`Again, I expect that you will get -- I won't be
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`waiting for the Delaware ruling in order to complete the
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`claims construction work, so I will do that. All right.
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`MR. WALLACE: And then relatedly, depending on the
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`outcome of the claim construction ruling, we may request the
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`additional 42-day period to reopen fact discovery based on,
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`they have got the new transcripts from the trial, they have
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`got the posttrial briefing. So we may want additional
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`written discovery. A lot of it depends on the claim
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`construction ruling because we may also need to amend our
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`contentions based on that. So we are just apprising you --
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`THE COURT: What I will do is set a status right
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`after the claims construction ruling. You can tell me what
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`additional proceedings we need to schedule at that time.
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`Case: 1:16-cv-00651 Document #: 83 Filed: 01/16/18 Page 4 of 4 PageID #:2502
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`4
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`All right.
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`MR. WALLACE: Thank you.
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`THE COURT: Thank you.
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`* * * * *
`
`I certify that the foregoing is a correct transcript from the
`record of proceedings in the above-entitled matter.
`
`/s/ Frances Ward_________________________January 16, 2018.
`Official Court Reporter
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