`Case 2:15-cv-00285-MCA-JBC Document 29 Filed 05/22/15 Page 1 of 5 PageID: 153
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`ALCON LABORATORIES, INC, et. al.,
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`Plaintiffs,
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`v.
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`AKORN, INC.,
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`Defendant.
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`Hon. Madeline Cox Arleo
`Civil Action No. 15-285
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`SCHEDULING ORDER
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`This matter having come before the Court for a conference pursuant to Fed. R. Civ.
`P. 16 on May 22, 2015; and the Court having considered the position of the parties; and
`good cause shown,
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`IT IS on this 22nd day of May, 2015
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`ORDERED that:
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`I. COURT DATES
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`1. There shall be telephone status conferences before the Undersigned on:
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`August 19, 2015 at 10:00 AM
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`November 19, 2015 at 10:00 AM
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`February 19, 2016 at 10:00 AM
`May 19, 2016 at 10:00 AM
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`Plaintiff shall initiate the telephone calls.
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`2. There will be a settlement conference before the Undersigned on TO BE SET. Trial
`Counsel and clients with full settlement authority must attend the conference. If the
`trial counsel and clients with full settlement authority do not appear, the settlement
`conference may be cancelled or rescheduled and the noncompliant party and/or attorney
`may be sanctioned, which may include an assessment of the costs and expenses incurred
`by those parties who appeared as directed.
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`3. A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on a
`date to be set in January 2017. The Final Pretrial Conference will occur even if
`there are dispositive motions pending. The Court will adjourn the Final Pretrial
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`SENJU-MITSUBISHI 2003
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`Case 2:15-cv-00285-MCA-JBC Document 29 Filed 05/22/15 Page 2 of 5 PageID: 154
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`conference only if the requesting party makes a compelling showing that manifest
`injustice would otherwise result absent adjournment.  
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`II. DISCOVERY AND MOTION PRACTICE
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`4. Fed. R. Civ. P. 26 disclosures are to be produced on or before May 22, 2015.
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`5. The parties may serve interrogatories limited to 25 single questions including subparts and
`initial requests for production of documents on or before June 10, 2015.
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`6. The parties may serve requests for admission limited to 25 single questions including
`subparts (with an unlimited amount as to the authenticity of documents).
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`7. Absent further order or consent of the parties, the number of depositions to be taken by
`each side shall not exceed 10. No objections to questions posed at depositions shall be
`made other than as to lack of foundation, form or privilege. See Fed. R. Civ. P. 32(d) (3)
`(A). No instruction not to answer shall be given unless a privilege is implicated.
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`8. The plaintiffs shall disclose asserted claims and infringement contentions pursuant to L.
`Pat. R. 3.6(b) by no later than June 5, 2015.
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`9. The defendant shall provide their invalidity contentions and non-infringement contentions,
`with related document production pursuant to L. Pat. R. 3.6(c)-(f) by no later than June
`19, 2015.
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`10. No later than June 22, 2015, the parties shall submit: (1) a proposed discovery
`confidentiality order and certification as required by Local Civ. R. 5.3.1.1 All documents
`shall be produced for outside counsel’s eyes only until the Order is entered.
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`11. Plaintiffs’ responses to invalidity contentions and infringement contentions, with related
`document production pursuant to L. Pat. R. 3.6(g)-(i) shall be disclosed by no later than
`August 3, 2015.
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`12. The parties shall exchange the proposed terms necessary for claims construction pursuant
`to L. Pat. R. 4.1(a) by no later than August 17, 2015.
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`13. The parties shall exchange their preliminary claim constructions and extrinsic evidence
`pursuant to L. Pat. R. 4.2(a)-(b) by no later than September 8, 2015.
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`14. The parties shall exchange evidence they intend to rely on to oppose the other party’s
`construction pursuant to L. Pat. R. 4.2(c) by no later than September 21, 2015.
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`1 If a party seeks to file under seal information submitted in connection with a request for non-
`discovery relief, then the party shall: (1) consult Local Civ. R. 5.3 and (2) contact the Chambers
`of the Undersigned for instructions regarding the format for presenting such a motion. 
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`Case 2:15-cv-00285-MCA-JBC Document 29 Filed 05/22/15 Page 3 of 5 PageID: 155
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`15. The parties shall file their joint claim construction and prehearing statement pursuant to L.
`Pat. R. 4.3 by no later than October 9, 2015.
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`16. Claim-construction discovery (non-expert) pursuant to L. Pat. R. 4.4 shall be completed on
`or before November 6, 2015.
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`17. Any consent order or motion to amend pleadings or join parties must be filed by January
`18, 2016.
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`18. Markman opening briefs pursuant to L. Pat. R. 4.5(a) shall be filed no later than January
`25, 2016.
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`19. Pursuant to L. Pat. R. 4.5(b), any discovery from an expert witness who submitted a
`certification or declaration under L. Pat. R. 4.5(b) shall be completed on or before
`February 24, 2016.
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`20. Markman responsive briefs pursuant to L. Pat. R. 4.5(c) shall be filed no later than March
`25, 2016.
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`21. Pursuant to L. Pat. R. 4.6, the parties shall jointly submit a proposed schedule for a
`Markman hearing on or before April 4, 2016.
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`22. The Markman hearing will take place on a date to be set by the Court.
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`23. The parties shall produce advice of counsel discovery no later than 30 days after entry of
`the Markman ruling pursuant to L. Civ. P. 3.8. Otherwise, there shall be no stay of any
`discovery, including exceptional case discovery.
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`24. Fact discovery is to remain open through 45 days after the entry of the Court’s Claim
`Construction Order. No discovery is to be issued or engaged in beyond that date, except
`upon application and for good cause shown.
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`25. Counsel shall confer in a good faith attempt to informally resolve any and all discovery
`disputes before seeking the Court’s intervention. Should such informal effort fail to resolve
`the dispute, the matter shall be brought to the Court’s attention in the first instance via a
`joint letter that sets forth: (a) the request, (b) the response; (c) efforts to resolve the dispute;
`(d) why the complaining party believes the information is relevant and why the responding
`party’s response continues to be deficient; and (e) why the responding party believes the
`response is sufficient. No further submissions regarding the dispute may be submitted
`without leave of Court. If necessary, the Court will thereafter schedule a telephone
`conference to resolve the dispute.
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`a. Upon receipt of the portion of the joint letter from the party seeking court-
`intervention, the adverse party shall provide its position no later than ten calendar
`days of receipt.
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`Case 2:15-cv-00285-MCA-JBC Document 29 Filed 05/22/15 Page 4 of 5 PageID: 156
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`b. No discovery motion or motion for sanctions for failure to provide discovery shall
`be filed before utilizing the procedures set forth in these paragraphs without prior
`leave of Court.
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`26. All other dispositive motions shall be discussed in advance of filing with the
`Undersigned either in person or by teleconference. Any and all dispositive motions
`must be filed no later than within 30 days of completion of expert discovery and
`must be comply with Local Rule 7.1. No pretrial dispositive motions will be
`entertained after that date
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`III. EXPERTS
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`27. All affirmative expert reports on issues on which each party bears the burden of proof
`(including Plaintiffs secondary considerations) shall be delivered by 75 days after the
`entry of the Court’s Claim Construction Order.
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`28. All responding expert reports limited to issues raised in opposing parties’ opening expert
`reports shall be delivered by 30 days after serving affirmative expert reports.
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`29. All expert reports are to be in the form and content as required by Fed. R. Civ. P. 26(a)
`(2)(B). No expert shall testify at trial as to any opinions or base those opinions on facts not
`substantially disclosed in the experts report.
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`30. All expert depositions shall be completed by 30 days after serving responsive expert
`reports.
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`31. Daubert motions shall be filed no later than a date to be set by the Court.
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`IV. FINAL PRETRIAL CONFERENCE
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`32. A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on a date
`and time to be set in January 2017. The Final Pretrial Conference will occur even if there
`are dispositive motions pending. The Court will adjourn the Final Pretrial conference only
`if the requesting party makes a compelling showing that manifest injustice would otherwise
`result absent adjournment.
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`33. Not later than 20 working days before the pretrial conference, the parties shall exchange
`copies of all proposed trial exhibits. Each exhibit shall be pre-marked with an exhibit
`number conforming to the party’s exhibit list.
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`34. All counsel are directed to assemble at the office of Plaintiff's counsel not later than ten
`(10) days before the pretrial conference to prepare the proposed Joint Final Pretrial Order
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`Case 2:15-cv-00285-MCA-JBC Document 29 Filed 05/22/15 Page 5 of 5 PageID: 157
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`in the form and content required by the Court. Plaintiff's counsel shall prepare the Joint
`Pretrial Order and shall submit it to all other counsel for approval and execution.
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`35. With respect to non-jury trials, each party shall submit to the District Judge and to opposing
`counsel proposed Findings of Fact and Conclusions of Law, trial briefs and any hypothetical
`questions to be put to an expert witness on direct examination.
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`36. The original joint proposed final pretrial order shall be delivered to the CHAMBERS of
`the Undersigned no later than a date to be set. All counsel are responsible for the timely
`submission of the Order.
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`37. The Court expects to engage in meaningful settlement discussions at the final pretrial
`conference. Therefore, trial counsel who actually has full settlement authority must attend
`the conference and clients or other persons with full settlement authority must be available
`by telephone.
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`38. A trial shall commence in January 2017.
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`V. MISCELLANEOUS
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`39. The Court may from time to time schedule conferences as may be required, either sua
`sponte or at the request of a party.
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`40. Since all dates set forth herein are established with the assistance and knowledge of
`counsel, there will be no extensions except for good cause shown and by leave of Court,
`even with consent of all counsel. Any request to extend any deadline or to adjourn a court
`event shall be made no later than three days before the scheduled date and shall reflect:
`(1) the good cause the requesting party believes supports the extension or adjournment
`and (2) whether or not all parties consent to the request. Absent unforeseen emergent
`circumstances, the Court will not entertain requests to extend deadlines that have passed
`as of the date of the request. Absent unforeseen emergent circumstances, the Court will
`not entertain requests to extend deadlines that have passed as of the date of the request.
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`41. A copy of every pleading, document or written communication with the Court shall be
`served on all other parties to the action. Any such communication which does not recite
`or contain a certification of such service may be disregarded by the Court.
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`42. Absent permission from Chambers, communications to the Court by facsimile will not be
`accepted. All communications to the Court shall be in writing or by telephone conference.
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`43. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT
`IN SANCTIONS.
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`s/ James B. Clark, III
`JAMES B. CLARK, III
`UNITED STATES MAGISTRATE JUDGE 
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`Case 2:15-cv-00285-MCA-LDW Document 31 Filed 06/05/15 Page 1 of 2 Page|D: 160
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`MCCARTER
`&ENGLlSH
`ATTORNEYS AT LAW
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`June 3, 2015
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`VIA ECF
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`Hon. Leda D. Wettre, U.S.M.J.
`United States District Court for the District of New Jersey
`Martin Luther King, Jr. Federal Building & U.S. Courthouse
`50 Walnut Street
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`Newark, New Jersey 07101
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`Re: Alcon Laboratories, Inc et al. v. Akorn, Inc.,
`Civil Action No. 2:15-cv-00285-MCA-LDW
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`Dear Judge Wettre:
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`represent Plaintiffs Alcon
`We, along with O’Melveny & Myers LLP,
`Laboratories,
`Inc., Senju Pharmaceutical Co., Ltd., and Mitsubishi Chemical
`Corporation in the above-referenced case. We write on behalf of all the parties to
`respectfully request that Your Honor modify paragraphs 5 and 8 of
`e Scheduling
`Order (D.E. 29) entered by Judge Clark after the May 22, 2015 Rule 16 conference
`with Judge Clark.
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`Because discovery does not close until 45 days after entry of the Markman
`ruling, the parties seek to modify paragraph 5 to allow for interrogatories to be
`propounded throughout discovery. Moreover, because this is a Hatch Waxman case,
`paragraph 8 is being modified to conform with L. Pat R. 3.6(b) to require only the
`disclosure of asserted claims on June 5, 2015, rather than both the asserted claims
`and infringement contentions.
`Paragraph 11 of the Scheduling Order already
`requires Plaintiffs’ to disclose their infringement contentions at a later date consistent
`with L. Pat. R. 3.6(g). The following language has been agreed to by the parties to
`replace paragraphs 5 and 8 of the Scheduling Order (D.E. 29):
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`Old Language
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`New Language
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`John E. Flaherty
`Partner
`T 973.639.7903
`F. 973.297 3971
`jt|aher1y@mccarter com
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`Mccarter & English, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark. NJ 071024056
`T. 973.622.4444
`F. 973.624.7070
`www.rnct;a rter com
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`BOSTON
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`HARTFORD
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`NEW YORK
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`NEWARK
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`PHILADELPHIA
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`STAMFORD
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`WILMINGTON
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`5. The parties may serve interrogatories
`5. The parties may serve interrogatories
`limited to 25 single questions including limited to 25 single questions including
`subparts
`and
`initial
`requests
`for
`subparts and requests for production of
`production of documents on or before documents.
`June 10, 2015.
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`8. The plaintiffs shall disclose asserted
`8. The plaintiffs shall disclose asserted
`claims pursuant to L. Pat. R. 3.6(b) by no
`claims and infringement contentions
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`later than June 5, 2015.
`pursuant to L. Pat. R. 3.6(b) by no later
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`than June 5, 2015.
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`

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`Case 2:15-cv-00285-MCA-LDW Document 31 Filed 06/05/15 Page 2 of 2 Page|D: 161
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`June 3, 2015
`Hon. Leda D. Wettre, U.S.M.J.
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`Page 2
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`If the form and content of this request meets with Your Honor’s approval, we
`respectfully request that you ‘so order’ this letter and have it entered on the docket.
`Thank you for your consideration in this matter.
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`Respectfully submitted,
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`s/John E. Flaherty
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`John E. Flaherty
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`cc: Counsel of Record (via ECF)
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`so ORDERED on this
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`km day of
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`; uvrvfi
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`, 2015
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`Hon. Leda D. Wettre, U.S.M.J.
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