Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`JOINT MOTION TO AMEND SCHEDULING ORDER1
`
`Pursuant to Fed. R. Civ. P. Rule 29 and Local Rules 7.1 and 40.3, Plaintiffs Teva
`
`Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc. (collectively, “Teva”)
`
`and Defendant Eli Lilly and Company (“Lilly”) (together with Teva, “the parties”), respectfully
`
`move this Court to amend the case schedule set forth in the parties’ Joint Statement (Dkt. 46 at 4-
`
`6; Dkt. 47 (entered May 15, 2020)).
`
`Through this Joint Motion, the parties’ proposed schedule and discovery-related
`
`stipulations herein are designed to (1) address the parties’ need for additional time to complete fact
`
`discovery, (2) ensure that fact discovery proceeds in an orderly fashion, and (3) allow the parties
`
`the opportunity to amend their respective L.R. 16.6(d) disclosures, provided that such amendments
`
`1 By this motion, Lilly withdraws its pending Motion to Extend Fact Discovery by Ninety Days
`(Dkt. 107, 108).
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
`Civil Action No.
`1:18-cv-12029-ADB
`
`JOINT MOTION TO AMEND SCHEDULING ORDER1
`
`Pursuant to Fed. R. Civ. P. Rule 29 and Local Rules 7.1 and 40.3, Plaintiffs Teva
`
`Pharmaceuticals International GmbH and Teva Pharmaceuticals USA, Inc. (collectively, “Teva”)
`
`and Defendant Eli Lilly and Company (“Lilly”) (together with Teva, “the parties”), respectfully
`
`move this Court to amend the case schedule set forth in the parties’ Joint Statement (Dkt. 46 at 4-
`
`6; Dkt. 47 (entered May 15, 2020)).
`
`Through this Joint Motion, the parties’ proposed schedule and discovery-related
`
`stipulations herein are designed to (1) address the parties’ need for additional time to complete fact
`
`discovery, (2) ensure that fact discovery proceeds in an orderly fashion, and (3) allow the parties
`
`the opportunity to amend their respective L.R. 16.6(d) disclosures, provided that such amendments
`
`1 By this motion, Lilly withdraws its pending Motion to Extend Fact Discovery by Ninety Days
`(Dkt. 107, 108).
`
`1
`
`
`
`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 2 of 7
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`(a) rely on information or materials produced by the opposing party in the litigation or (b) are made
`
`in view of the Court’s February 24, 2021, Order on Claim Construction (Dkt. 101).
`
`As grounds for this Joint Motion, the parties state as follows:
`
`1.
`
`Pursuant to the Case Schedule in the parties’ Joint Statement (Dkt. 46), all fact
`
`depositions and discovery are to be completed by March 31, 2021.
`
`2.
`
`3.
`
`The parties have been working diligently through fact discovery.
`
`The parties are still in the process of supplementing their document productions
`
`and written discovery responses and need additional time to review those materials before fact
`
`depositions are conducted and completed.
`
`4.
`
`The parties agree that a 90-day extension of the fact discovery period would provide
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`more time for the parties to substantively review each other’s document productions, result in more
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`fruitful depositions, and help develop claims and defenses in preparation for expert discovery.
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`5.
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`The parties agree that a 60-day shift of the target trial date from December 2021 to
`
`February 2022, and of the remaining expert discovery, dispositive motion, and pretrial deadlines
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`in the below Amended Case Schedule, are warranted in view of the 90-day extension of the fact
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`discovery period.
`
`6.
`
`The parties agree that there is good cause to allow for amendment of their respective
`
`L.R. 16.6(d) disclosures, provided that such amendments (a) rely on information or materials
`
`produced by the opposing party in the litigation or (b) are made in view of the Court’s February
`
`24, 2021, Order on Claim Construction (Dkt. 101).
`
`7.
`
`Subject to the Court’s approval, this will be the first amendment of the deadline for
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`fact discovery and all subsequent deadlines in the Case Schedule entered on May 15, 2020 (Dkt.
`
`47).
`
`2
`
`
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`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 3 of 7
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`8.
`
`This Motion is sought in good faith and will not cause a material delay in this action
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`and no party will be prejudiced by allowance of this Joint Motion.
`
`9.
`
`The parties’ proposed amended case schedule is as follows:
`
`Event
`Deadline for Teva to serve amended
`L.R. 16.6(d) disclosures
`
`[Proposed] Amended Case Schedule
`Current Date (Dkt. 46)
`n/a
`
`Deadline for each party to serve a
`maximum of five (5) additional
`requests for document production
`
`Deadline for Lilly to serve amended
`L.R. 16.6(d) disclosures
`
`Deadline to serve Rule 30(b)(1) and
`30(b)(6) deposition notices
`
`Substantial Completion of Document
`Production
`
`Fact Discovery Closes
`
`Parties’ Opening Expert Reports Due
`on Issues Where the Party Bears the
`Burden of Proof
`
`Amended Date
`March 31, 2021
`
`April 15, 2021
`
`April 28, 2021
`
`May 5, 2021
`
`n/a
`
`n/a
`
`n/a
`
`December 4, 2020
`
`May 28, 2021
`
`March 31, 2021
`
`May 5, 2021
`
`June 30, 2021
`
`August 4, 2021
`
`Parties’ Rebuttal Expert Reports Due
`
`June 2, 2021
`
`September 1, 2021
`
`Parties’ Reply Expert Reports Due
`
`June 30, 2021
`
`September 29, 2021
`
`Expert Discovery Closes
`
`August 11, 2021
`
`November 10, 2021
`
`Parties File Dispositive Motions
`(Including Daubert)
`
`Parties File Oppositions to
`Dispositive Motions
`
`Parties File Replies to Dispositive
`Motions
`
`September 15, 2021
`
`December 15, 2021
`
`October 6, 2021
`
`January 5, 2022
`
`October 20, 2021
`
`January 19, 2022
`
`3
`
`
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`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 4 of 7
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`Event
`Pretrial Conference
`
`Trial
`
`[Proposed] Amended Case Schedule
`Current Date (Dkt. 46)
`November 2021
`
`Amended Date
`January 28, 2022
`
`December 2021 or at a time
`otherwise convenient for
`the court.
`
`February 2022 or at a time
`otherwise convenient for
`the court.
`
`To help relieve any prejudice caused by the extended schedule and ensure that fact
`
`discovery proceeds in an orderly fashion, the parties agree to stipulate as follows:
`
`DISCOVERY LIMITATIONS
`
`10.
`
`Pursuant to Local Rule 26.1(c), the parties agree that the limits for interrogatories
`
`and requests for admission set forth in the parties’ Joint Statement (Dkt. 46 at 3) are each increased
`
`by five (5), allowing for a total of thirty-five (35) interrogatories and thirty (30) requests for
`
`admission.2
`
`11.
`
`Regardless of how many requests for document production a party has served to
`
`date, Teva and Lilly are each permitted to serve a single set of no more than five (5) requests for
`
`document production no later than April 15, 2021, narrowly tailored to address any deficiencies
`
`either party has identified upon review of the opposing party’s documents. The parties reserve
`
`any and all rights to object to these requests for document production, including rights to object
`
`to burdensome and/or irrelevant requests.
`
`L.R. 16.6(d) DISCLOSURES
`
`12.
`
`Any amendment or supplement by either party to its L.R. 16.6(d) disclosures
`
`pursuant to the Amended Case Schedule shall be limited to those (a) relying on information or
`
`2 This limit does not apply to requests for admission for authentication of documents and things
`and/or whether a document qualifies as a printed publication under 35 U.S.C. § 102.
`4
`
`
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`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 5 of 7
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`materials produced by the opposing party in the above-captioned litigation or (b) in view of the
`
`Court’s February 24, 2021, Order on Claim Construction (Dkt. 101). The parties may object to
`
`any amendments to L.R. 16.6(d) disclosures that do not comply with the foregoing.
`
`13.
`
`The deadlines for service of amended L.R. 16.6(d) disclosures in the Amended Case
`
`Schedule are without prejudice to the ability of either party to seek to further amend or supplement
`
`its L.R. 16.6(d) disclosures, pursuant to L.R. 16.6(d)(5), by leave of court upon a timely showing
`
`of good cause, including to the extent necessary or appropriate to account for materials or
`
`information later provided by the opposing party (e.g., subsequent document productions,
`
`responses to written discovery requests, or deposition testimony).
`
`DOCUMENT PRODUCTION
`
`14.
`
`To facilitate timely identification of potential deponents and deposition topics
`
`pursuant to Fed. R. Civ. P. 30(b), the parties agree to produce documents on a rolling basis in
`
`advance of the revised deadline in the Amended Case Schedule for substantial completion of
`
`document production of May 28, 2021, to the extent practicable.
`
`RULE 30(b)(6) DEPOSITION NOTICES
`
`15.
`
`Responses and objections to Rule 30(b)(6) deposition notices must be served within
`
`thirty (30) days of either (a) the responding party’s receipt of said notice, or (b) the Court’s entry
`
`of the Amended Case Schedule as set forth above, whichever is later.
`
`16.
`
`Responses and objections to Rule 30(b)(6) deposition notices shall include the
`
`name(s) of any witness(es) the responding party provisionally intends to designate on each topic.
`
`WHEREFORE, Teva and Lilly respectfully request that the Court enter an order allowing
`
`this Joint Motion and amending the current case schedule as set forth above.
`
`5
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`
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`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 6 of 7
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`Dated: March 25, 2021
`
`Respectfully submitted,
`
`/s/ Eric Romeo
`Douglas J. Kline (BBO# 556680)
`Elaine Herrmann Blais (BBO# 656142)
`Robert Frederickson III (BBO# 670111)
`Joshua S. Weinger (BBO# 690814)
`Alexandra Lu (BBO# 691114)
`Eric Romeo (BBO# 691591)
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`Tel.: (617) 570-1000
`Fax: (617) 523-1231
`dkline@goodwinlaw.com
`eblais@goodwinlaw.com
`rfrederickson@goodwinlaw.com
`jweinger@goodwinlaw.com
`alu@goodwinlaw.com
`eromeo@goodwinlaw.com
`
`I. Neel Chatterjee (pro hac vice)
`Goodwin Procter LLP
`601 Marshall St.
`Redwood City, CA 94063
`Tel.: (650) 752-3100
`Fax: (650) 853-1038
`nchatterjee@goodwinlaw.com
`
`Natasha Daughtrey (pro hac vice)
`GOODWIN PROCTER LLP
`601 S. Figueroa St.
`Los Angeles, CA 90017
`Tel.: (213) 426-2500
`Fax: (213) 623-1673
`ndaughtrey@goodwinlaw.com
`
`Attorneys for Plaintiffs
`
`/s/ Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
`
`Charles E. Lipsey
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`
`William B. Raich
`Danielle A. Duszczyszyn
`Denise Main
`Matthew J. Luneack
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Denise.Main@finnegan.com
`Matthew.Luneack@finnegan.com
`
`Emily R. Gabranski (BBO 694417)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`2 Seaport Lane
`Boston, MA 02210-2001
`Emily.Gabranski@finnegan.com
`
`Mark J. Stewart
`Sanjay M. Jivraj
`ELI LILLY AND COMPANY
`Lilly Corporate Center
`Indianapolis, IN 46285
`stewart_mark@lilly.com
`sjivraj@lilly.com
`
`Attorneys for Defendant
`6
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`
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`Case 1:18-cv-12029-ADB Document 113 Filed 03/25/21 Page 7 of 7
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`CERTIFICATE OF SERVICE
`
`I, Andrea Martin, hereby certify that a copy of the foregoing document, filed through the
`CM/ECF system, will be sent electronically to the registered participants as identified on the
`Notice of Electronic Filing (NEF) and paper copies shall be served by first class mail postage
`prepaid on all counsel of record who are not served through the CM/ECF system on March 25,
`2021.
`
`4850-5793-1490.1
`
`/s/ Andrea L. Martin
`Andrea L. Martin
`
`7
`
`
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