`
`Case 2:13-cv-00391-ES-JAD Document 64 Filed 05/28/14 Page 2 of 4 PageiD: 673
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC.,
`
`Plaintiff,
`
`v.
`
`AMNEAL PHARMACEUTICALS, LLC
`and PAR PHARMACEUTICAL, INC.,
`
`Civil Action No. 13-391 (ES)(JAD)
`(consolidated)
`
`Hon. Esther Salas, U.S.D.J.
`Hon. Joseph A. Dickson, U.S.M.J.
`
`CHEDULING ORDER
`
`-S
`
`Defendants.
`
`THIS MATTER having come before the Court for a scheduling conference
`
`pursuant to Rule 16 of the Federal Rules of Civil Procedure on May 19, 2014; and for
`
`good cause shown:
`
`'\
`+h
`IT IS on this 30 day of J\AVlQ_ , 2014
`
`ORDERED THAT:
`
`DISCOVERY
`
`1.
`
`The parties may serve interrogatories limited to twenty-five (25) single
`
`questions except that Defendants may serve no more than thirty-five (35) total shared and
`
`individual interrogatories.
`
`2.
`
`The parties may serve requests for admission limited to two hundred
`
`(200), except that Defendants may serve no more than three hundred (300) total shared
`
`and individual requests for admission, plus an unlimited number of additional requests
`
`for admission regarding authentication of documents.
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 72 Filed 07/01/14 Page 2 of 3 PageID: 718
`
`Case 2:13-cv-00391-ES-JAD Document 64 Filed 05/28/14 Page 3 of 4 PageiD: 674
`
`3.
`
`The parties may take depositions limited to ten (10) per side, including
`
`depositions of third parties, with the understanding that a single notice served under Fed.
`
`R. Civ. P. 30(b)(6) shall be counted as a single deposition for each twelve (12) hour
`
`increment.
`
`4.
`
`The discovery schedule in this matter shall be as follows:
`
`EVENT
`Plaintiff serves its Disclosure of Asserted
`Claims on Defendant Par Pharmaceutical,
`Inc. pursuant to L. Pat. R. 3.6(b)
`Defendant Par Pharmaceutical, Inc. serves
`its Invalidity Contentions and Non-
`Infringement Contentions pursuant to L.
`Pat. R. 3.6(c)-(f)
`The parties submit a proposed Discovery
`Confidentiality Order pursuant to L. Pat. R.
`2.2 for the Court's consideration
`Plaintiff serves its Infringement
`Contentions and Responses to Invalidity
`Contentions on Defendant Par
`Pharmaceutical, Inc. pursuant to L. Pat. R.
`3.6(g)-(i)
`The parties exchange proposed terms for
`construction pursuant to L. Pat. R. 4.1(a)
`The parties exchange preliminary proposed
`constructions and identification of intrinsic
`and extrinsic evidence pursuant to L. Pat.
`R. 4.2(a)-(b)
`The parties exchange evidence opposing
`proposed claim constructions pursuant to
`L. Pat. R. 4.2(c), and shall thereafter meet
`and confer to narrow the issues
`The parties file a Joint Claim Construction
`and Prehearing Statement pursuant to L.
`Pat. R. 4.3(a)-(e)
`Deadline for motion(s) to add new parties
`or amend pleadings
`The parties complete fact discovery
`relating to claim construction pursuant to
`L. Pat. R. 4.4
`
`DATE
`May 27,2014
`
`June 3, 2014
`
`June 19, 2014
`
`July 18, 2014
`
`August 1, 2014
`
`August 22, 2014
`
`September 5, 2014
`
`September 22, 2014
`
`September 29, 2014
`
`October 21, 2014
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 72 Filed 07/01/14 Page 3 of 3 PageID: 719
`
`Case 2:13-cv-00391-ES-JAD Document 64 Filed 05/28/14 Page 4 of 4 PageiD: 675
`
`The parties file and serve their opening
`Markman submissions pursuant to L. Pat.
`R. 4.5(a)
`The parties complete expert discovery
`regarding Markman issues pursuant to L.
`Pat. R. 4.5(b)
`The parties file and serve their responding
`Markman submissions pursuant to L. Pat.
`R. 4.5(c)
`The parties propose a schedule to the Court
`for a Claim Construction Hearing pursuant
`to L. Pat. R. 4.6
`Close of fact discovery
`Opening expert reports on issues for which
`the party bears the burden of proof
`
`Rebuttal expert reports
`
`Reply expert reports
`
`Close of expert discovery
`Final pretrial conference
`Trial
`
`November 11, 2014
`
`December 5, 2014
`
`January 16, 2015
`
`January 30, 2015
`
`February 27, 2015
`60 days after the close of fact discovery or
`the Court's Markman opinion, whichever is
`later
`60 days after service of opening expert
`reports
`30 days after service of rebuttal expert
`1 reports
`60 days after service of reply expert reports
`To be determined
`To be determined
`
`cc: Hon. Esther Salas, U.S.D.J.
`
`
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