`Case: 1:16-cv-00651 Document #: 91 Filed: 01/29/18 Page 1 of 6 PageID #:2556
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`1
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Docket Nos. 16 C 651
` 17 C 7903
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`Chicago, Illinois
`January 25, 2018
`9:42 a.m.
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`)))))))))
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`HOSPIRA, INC.,
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`Plaintiff,
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`vs.
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`FRESENIUS KABI USA, LLC,
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`Defendant.
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`TRANSCRIPT OF PROCEEDINGS - Ruling
`BEFORE THE HONORABLE REBECCA R. PALLMEYER
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`APPEARANCES:
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`For the Plaintiff:
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`For the Defendant:
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`JENNER & BLOCK LLP
`BY: MR. BRADFORD P. LYERLA
`MS. SARA T. HORTON
`353 North Clark Street
`Chicago, Illinois 60654
`
`SCHIFF HARDIN LLP
`BY: MR. JOEL M. WALLACE
`MR. IMRON T. ALY
`233 South Wacker Drive, Suite 6600
`Chicago, Illinois 60606
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`Court Reporter:
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`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 #: 91 Filed: 01/29/18 Page 2 of 6 PageID #:2557
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`THE CLERK: 16 C 651 and 17 C 7903, Hospira versus
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`Fresenius Kabi USA for ruling.
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`MR. ALY: Good morning.
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`Imron Aly and Joel Wallace for Fresenius Kabi.
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`THE COURT: Good morning.
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`MR. LYERLA: Good morning, your Honor.
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`Brad Lyerla and Sara Horton for Hospira.
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`THE COURT: Good morning.
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`All right. We have this motion to strike the
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`invalidity theories as untimely. That's been fully briefed.
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`I have had a chance to look at that.
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`MR. LYERLA: Your Honor, could I interrupt?
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`THE COURT: Sure.
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`MR. LYERLA: With Mr. Aly's permission, we might
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`have a solution to this --
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`THE COURT: Oh, good.
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`MR. LYERLA: -- to propose to the Court, but we
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`need to ask the Court a question first, and I hope that this
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`isn't impertinent. But we were wondering what dates are
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`available for a trial in the second half of June or
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`thereafter?
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`THE COURT: I can certainly answer that question.
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`I know that the end of June I am going to be away, but July
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`is probably fine. So let's take a look at that. I have to
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`be back here by the 28th, which is a Friday, and then I have
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`Case: 1:16-cv-00651 Document #: 91 Filed: 01/29/18 Page 3 of 6 PageID #:2558
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`3
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`a trial in kind of the middle of July. But I could start one
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`on, say, July 16th, or pushing a little further forward,
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`August is wide open as is September.
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`MR. LYERLA: So, your Honor, I think the parties
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`agree that this will be a four- or possibly five-day trial --
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`bench trial, of course.
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`THE COURT: In that case, July 16th should work. I
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`do have a trial starting the previous week, but I think it
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`will be over.
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`MR. LYERLA: Can we adjourn for a moment to allow
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`counsel to talk and then come back?
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`THE COURT: Sure. Look at your calendars?
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`MR. LYERLA: Yes.
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`THE COURT: That's fine. We will recall it in a
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`moment.
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`MR. LYERLA: Thank you, your Honor.
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`(The above-mentioned case was passed and was later
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`recalled as follows:)
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`THE CLERK: 16 C 651 and 17 C 7903, Hospira versus
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`Fresenius Kabi USA for ruling.
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`MR. LYERLA: Good morning again, your Honor.
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`So I think we have resolved the issues that were
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`presented in the motion.
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`With a trial beginning on July 16th and internal
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`dates that will be adjusted according to a schedule that we
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`Case: 1:16-cv-00651 Document #: 91 Filed: 01/29/18 Page 4 of 6 PageID #:2559
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`4
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`will provide to the Court in writing probably later today or
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`tomorrow -- maybe tomorrow just to give us a little extra
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`time -- with all of that agreed to, we withdraw the motion.
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`Some of the new defenses will be part of the case under our
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`agreement. Some won't. That will be part of what we provide
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`to the Court later.
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`If all of that is agreeable to the Court, then we
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`will proceed on that schedule, and the motion doesn't have to
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`be decided.
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`THE COURT: That's great. We will set trial for
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`July 16th. That's a bench trial.
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`And what I need to do right now is just make sure
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`that I have a status so that if there is an issue that pops
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`up, we have an avenue for addressing it.
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`How about a status in the middle of April?
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`MR. LYERLA: That should be fine, your Honor.
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`THE COURT: April 18th.
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`MR. LYERLA: That should be fine.
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`I have a recollection that we have a date next
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`week.
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`MS. HORTON: There is a status next week, but I'm
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`not sure --
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`THE COURT: We can strike that date.
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`MR. LYERLA: Right. Thank you, your Honor.
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`THE COURT: Good.
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`Case: 1:16-cv-00651 Document #: 91 Filed: 01/29/18 Page 5 of 6 PageID #:2560
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`And then in the meantime, I have got your motion.
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`Obviously that will be withdrawn. I have got the ruling from
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`Judge -- remind me of his name.
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`MR. LYERLA: Andrews.
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`THE COURT: I have seen it. It's 55 pages. I
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`haven't digested the whole thing, but I do want to look at
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`that.
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`All right. I will see you in April.
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`MR. LYERLA: Thank you, your Honor.
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`MR. ALY: Judge we do have one other update. We
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`did advise plaintiff's counsel of this as well beforehand.
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`There was a 30-month stay. So the FDA would allow
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`us to have launched on June 7th. That's why that was an
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`important date that we discussed a few times to try to
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`encourage the schedule to move along.
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`As part of this compromise -- since Fresenius Kabi
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`recognizes we are compromising on the schedule and the trial
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`date, it is voluntarily going to say that it will voluntarily
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`not launch until August 17th, but that's not an FDA
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`regulatory thing. It's simply to accommodate the schedule
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`and so that there isn't an injunction period that happens on
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`June 7th, since we are all agreeing to a trial date
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`thereafter.
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`But that August 17th --
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`THE COURT: You should remind me of that certainly
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`Case: 1:16-cv-00651 Document #: 91 Filed: 01/29/18 Page 6 of 6 PageID #:2561
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`6
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`when the trial begins --
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`MR. ALY: Of course.
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`THE COURT: -- but if not, sooner so that I am
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`prepared to immediately get a ruling together.
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`MR. ALY: Thank you, your Honor.
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`THE COURT: All right.
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`MR. LYERLA: And that's -- your Honor, just so it's
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`clear on the record, we didn't ask for that, but I think they
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`are doing that really for the convenience of the Court.
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`Obviously it's appreciated.
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`THE COURT: Right. It's a reasonable proposal.
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`Good.
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`MR. LYERLA: Thank you, your Honor.
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`MR. ALY: Thank you.
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`THE COURT: Thank you.
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`(An adjournment was taken at 9:53 a.m.)
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`* * * * *
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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 29, 2018.
`Official Court Reporter
`F
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