Case 1:25-md-03138-CPO-EAP Document 4 Filed 02/26/25 Page 1 of 5 PageID: 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`IN RE: DENOSUMAB
`LITIGATION
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`This Document Relates To: All Actions
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`PATENT
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`1: 25-md-03138
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`INITIAL CASE
` MANAGEMENT ORDER
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`THESE MATTERS having been transferred to this Court by order of the Judicial Panel on
`Multidistrict Litigation (the “Panel”) pursuant to its order of February 6, 2025 merit special attention
`as complex litigation, and thus the Court enters the following Order:
`SCOPE OF ORDER
`1.
`This Order shall govern the practice and procedure of those actions transferred to this Court
`by the Panel pursuant to its Transfer Order of February 6, 2025, (ECF No. 1), any “tag-along actions”
`transferred to this Court by the Panel pursuant to the Panel’s Rules of Procedure, and all related
`actions that have been or will be originally filed in, transferred to, or removed to this Court and
`assigned hereto. This Order and all subsequent Case Management Orders shall be binding on all
`parties and their counsel in all cases currently pending or subsequently transferred to In re:
`Denosumab Patent Litigation and shall govern each case in the proceedings unless the Order
`explicitly states that it does not apply to specific cases or that it applies only to specific cases.
`CONSOLIDATION
`2.
`The civil actions transferred to this Court or related to the actions already pending before this
`Court are consolidated for pretrial purposes. Any “tag-along actions” transferred to this Court, or
`directly filed in the District of New Jersey, will automatically be consolidated with this action without
`the necessity of future motions or orders. This consolidation does not constitute a determination that
`the actions should be consolidated for trial, nor does it have the effect of making any entity a party to
`any action in which he, she, or it has not been named, served, or added in accordance with the Federal
`Rules of Civil Procedure.
`MASTER DOCKET FILE
`3.
`The Clerk of the Court will maintain a master docket case file under the style “In re:
`Denosumab Patent Litigation” and the docket number 25-md-03138-CPO-EAP.1 When a pleading is
`intended to apply to all actions, this shall be indicated by the words: “This Document Related to: ALL
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`1 The Clerk of the Court shall continue to maintain a separate civil action number and case file
`for each case filed in, removed to, or transferred to the Court.
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`ACTIONS.” When a pleading is intended to apply to fewer than all cases, the Court’s docket number
`for each individual case to which the document number relates shall appear immediately after the
`words: “This Document Relates To.” The Following is a sample of the pleading style:
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`IN RE: DENOSUMAB
`LITIGATION
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`This Document Relates To:
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`PATENT
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`1: 25-md-03138 (CPO-EAP)
`(MDL 3138)
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`FILING
`4.
`Each attorney of record is obligated to become a District Court of New Jersey ECF User and
`be assigned a user ID and password for access to the system. If he or she has not already done so,
`counsel shall register as an ECF User and be issued an ECF User ID and password. Forms and
`instructions can be found on the Court’s website http://www.njd.uscourts.gov/.
`APPEARANCES
`5.
`Counsel who appeared in a transferor court prior to transfer need not enter an additional
`appearance before this Court. Moreover, attorneys in “tag-along actions” admitted to practice and in
`good standing in any United States District Court are admitted pro hac vice in this litigation, and the
`requirements of Local Civil Rule 101.1(c) are waived. Such counsel are subject to the New Jersey
`Rules of Professional Conduct, the Guidelines for Litigation Conduct, Local Civil Rule 103.1(c), and
`the disciplinary jurisdiction of this Court. Association of local counsel is not required. Local Counsel
`already on the docket for cases originated in this Court shall remain in the case.
`ORDERS
`6.
`Any orders, including protective orders, previously entered by this Court or any transferor
`district court shall remain in full force and effect unless modified by this Court upon application.
`INITIAL CONFERENCE
`7.
`The Court will conduct an Initial Case Management Conference on March 26, 2025, at 2:00
`p.m. in Courtroom 5A, Mitchell H. Cohen Courthouse, 4th and Cooper Streets, Camden, NJ 08101.
`Counsel are expected to be prepared at the conference to suggest procedures that will facilitate the
`just, speedy, and inexpensive resolution of this litigation.
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`8.
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`JOINT AGENDA AND STATUS REPORT
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`Before the Initial Case Management Conference counsel shall meet and confer—in person,
`by teleconference or by video conference—and seek consensus to the extent possible with respect to
`the joint agenda items as set forth below. By March 19, 2025, the parties shall submit a joint agenda
`and status report to the Court, addressing the following items, as applicable:
`a. The number and specific identification of the patents involved as to each case;
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`b. A joint statement, or if necessary, separate statements from each side, not to exceed five (5)
`pages each, setting forth Plaintiff’s and Defendants’ respective preliminary understanding of
`the critical factual and legal issues, including the specific factual and/or legal issues each party
`believes are common to all cases and those unique to any particular case, with supporting
`explanations. The statement should also include whether invalidity contentions will be
`asserted and, if so, their nature as to each case. These statements will NOT be filed with the
`Clerk, will not be binding, will not waive claims or defenses, and may not be offered in
`evidence against a party in later proceedings;
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`c. Whether Plaintiff will seek an injunction, by consent or otherwise, and whether an expedited
`trial will be requested in any case;
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`d. To the extent feasible, an agreed proposed scheduling order. If counsel cannot reach
`agreement, each party shall submit its own proposed scheduling order. Any proposal should
`include the parties’ positions on the following:
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`1. Whether and to what extent a uniform scheduling order should be adopted for
`discovery, claim construction, trial, etc.;
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`2. The scope and timing of early motions that could narrow issues, including summary
`judgment or case-dispositive motions;
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`3. The timing and format of technical tutorials and claim construction proceedings,
`including any prioritization of disputed claim terms and the potential appointment of
`a technical advisor; and
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`4. The feasibility of staged or phased trials, including separate phases for validity and
`infringement, and pretrial and trial dates.
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`e. Whether there are any confidentiality concerns surrounding the filing of documents in the
`master file, 25-md-03138, unless the document pertains to one or only some of the pending
`actions, in which case it will be filed in the individual case(s) to which the document pertains.
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`f. Good faith and viable proposals to streamline the case and manage discovery, addressing
`issues such as limiting the number of asserted claims and the identification of representative
`products/processes;
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`g. A list of all related actions pending in the state or federal court and their current status,
`including any discovery taken to date and whether there is the potential for consolidation or
`coordination;
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`h. The settlement history, including whether settlements have been reached in related matters;
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`the possibility of in camera review of any settlement agreements in related cases; and a
`proposed settlement process, including whether court-facilitated mediation would be
`beneficial;
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`i. The parties’ positions on the appointment of a special master, including whether one is
`necessary, proposed candidates, any objections to specific candidates, and the special master’s
`mediation and/or settlement authority; and
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`j. A list identifying any other issues the parties believe should be addressed at the conference.
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`COMMUNICATION AMONG COUNSEL
`9.
`The Court recognizes that cooperation by and among Plaintiff’s counsel and by and among
`Defendants’ counsel is essential for the orderly and expeditious resolution of this litigation. Such
`communication shall not be deemed a waiver of the attorney-client or the protection afforded attorney
`work product, and cooperative efforts contemplated above shall in no way be used against any party.
`Nothing contained in this provision shall be construed to limit the rights of any party or counsel to
`assert the attorney-client privilege or the attorney work product doctrine.
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`SERVICE LIST
`10.
`To the extent necessary in this case, by March 11, 2025, counsel for Amgen shall provide the
`Court with a list of attorneys for all parties and their office addresses, phone and fax numbers, and e-
`mail addresses.
`A service list will be maintained by the Clerk of the Court during the course of this litigation
`by adding parties/attorneys to the master docket. Any attorney who wishes to have their name added
`or deleted from the master docket may do so upon request to the Clerk of this Court and notice to all
`other persons on such master docket.
`PRESERVATION OF EVIDENCE
`11.
`All parties and counsel are reminded of their duty to preserve evidence that may be relevant
`to this action, including ESI. The parties shall meet and confer in an effort to reach an agreement on
`a preservation plan for all cases and shall take reasonable steps to preserve all evidence that may be
`relevant to this litigation. Counsel, as officers of the Court, are obligated to exercise all reasonable
`efforts to identify and notify parties and non-parties, including employees of corporate or institutional
`parties, of their preservation obligations.
`STAY OF PROCEEDINGS
`12.
`To the extent any dates have been set for any matters by any court, they are hereby STAYED
`pending the Initial Case Management Conference.
`IDENTIFICATION OF RELATED CASES
`13.
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`The Court requests the assistance of counsel in calling to the attention of the Clerk of this
`Court the filing or transfer of any case that might properly be coordinated as part of this MDL, upon
`any party’s information and belief that the matter should be coordinated.
`APPLICATION OF LOCAL RULES
`14.
`Unless otherwise set forth in this Order, the parties shall comply with the Local Civil Rules
`of the United States District Court for the District of New Jersey, the Local Patent Rules, and the
`individual rules and preferences of the District Judge and Magistrate Judge assigned to this matter.
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`IT IS SO ORDERED.
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` /s/ Christine P. O’Hearn
`United States District Judge
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`Dated: February 26, 2025
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`cc:
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`Honorable Elizabeth A. Pascal, U.S.M.J.
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